Terms of Use

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These Terms and Conditions (the ‘Terms’) constitute an agreement that is entered into by and between VTech Communications, Inc. (‘VTech’, ‘we’, ‘us’ or ‘our’) and you, individually or on behalf of the user you may represent (‘User’ or ‘Customer’ or ‘you’). These Terms broadly cover all content and features offered by VTech on or through the www.vtechphones.com, myvtechcams.vtech.com, and myvtechbaby.vtech.com websites (the ‘Site’ or ‘Sites’) and/or any services offered by VTech (‘Services’).  As used herein, Services is broadly defined to include any product, software, application, or service offered by VTech, including:

  • Any product purchased from the Site (each, a ‘Product’) and
  • Software on the Sites and through third-party app stores, including all source and object code for such Software (together, ‘Software’), that can be downloaded to approved personal mobile devices, smartphones, tablets, computers, cameras, and baby monitors (together, ‘Devices’); and
  • The features offered in any Product or Software, including user accounts; remote access to live-streaming data on mobile devices or computer tablets via your account; motion detection and monitoring of private space using enabled connected cameras via your account; transmission, storage, and retrieval of communications and data via one of our service plans; access to third-party applications and software to work in conjunction with our services.

A more detailed description of Services can be found on the Site.

Please read these Terms carefully as it affects your legal rights and obligations. You could consider whether to engage the services of an attorney to help you understand your rights with respect to these Terms.  

BY USING THE SITE AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, IN ADDITION TO ANY OTHER TERMS, POLICIES, OR AGREEMENTS SET FORTH IN THE SITE OR SERVICES.  IF YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU SHOULD NOT USE (AND YOU HAVE NO RIGHT TO USE) THE SITE OR SERVICES, AND YOU SHOULD STOP ANY SUCH USE IMMEDIATELY.  If you are using the Site or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and VTech for its violations of these Terms. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of the Site.  These Terms may be revised at any time and from time to time by updating the Site. You should visit this page from time to time to review the then current Terms and Conditions.  YOU AGREE TO SUBMIT ALL DISPUTES CONCERNING THESE TERMS, YOUR USE OF THE SITE AND SERVICES YOU PURCHASE THROUGH THE WEB SITE TO CONFIDENTIAL, BINDING INDIVIDUAL ARBITRATION, as discussed in detail in Section 22, below.

1. VTech Privacy Policy

In addition to the terms and conditions of these Terms, your use of the Site and Services is subject to the VTech Privacy Policy which can be found at www.vtechphones.com/about-us/policies/privacy-policy.  The Privacy Policy is hereby incorporated into these Terms and applies to all aspects of the Service and the Site.  The Privacy Policy details the ways in which we might collect and use personally identifiable information (‘Personal Information’) from or about you.  In the event of a disagreement between these Terms and the Privacy Policy, it is that policy that will govern.

2. User Representations

By using the Site or Services, you represent, warrant, and covenant the following:

  • You are an adult, at least 18 years of age;
  • You are an individual with the right, authority and the mental capacity to accept and agree on behalf of yourself, or an individual with the right, authority and the capacity to accept and agree on behalf of the entity you represent, as the case may be;
  • You are an individual with no legal restrictions that would prevent agreeing to the terms and conditions of these Terms or the access and purchase of the Site and Services;
  • You shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or other payment mechanisms;
  • When using this Site you will be located within a Territory (defined below); and
  • You assume full responsibility for use of the Site by you and any entity you represent.

3. Copyright

For purposes of the Terms, ‘Materials’ shall mean any and all photographs, video, audio, images, text, animations, illustrations, communications, ideas, designs, compilations, software, source code, object code, data, creative expressions or other copyrighted or copyright protected  content on the Site or used in connection with the Services, along with the selection, arrangement, organization and magnetic translation thereof.  VTech or its third-party licensors own all right, title and interest in and to the Materials.  Nothing in these Terms shall be interpreted to grant an ownership interest in or to the Materials.  Unless expressly stated, nothing in these Terms shall be interpreted to grant a license in or to the Materials. None of the Materials may be reproduced, distributed or copied, in whole or in part, without the express written permission of the copyright holder.

5.0: Trademark

All trademarks,service marks, logos, trade dress and domain names associated with the Site and/or Services, including without limitation VTECH and the VTECH logo, are the sole property of VTech or its partners, suppliers or licensors. 

Any unauthorized use of the Materials is strictly prohibited and may violate copyright, trademark. Patent, trade secret and other applicable laws and could result in criminal or civil penalties.

4. Use Rights and Limitations

  1. LICENSE GRANT; RESERVATION OF RIGHTS

    VTech hereby grants to you a royalty-free, personal, non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Site and Services and to use, download and install the Software on your Device for your personal, non-commercial use and subject to these Terms and any other documentation and/or use instructions provided with the Site or Services. Except as expressly stated in these Terms no ownership right, license or other interest in and to any part of the Site or the Services, including without limitation any patent, trademark, copyright, or any other intellectual property or proprietary right concerning or related to the Site or the Services is granted under these Terms or as a result of using the Site or the Services.

  2. LIMITATIONS ON USE OF THE SITE AND SERVICES

    Unless as otherwise specifically stated in these Terms or as agreed upon in writing between you and VTech, you may not, and you agree not to:

    • Collect or use, in any manner and for any reason not specifically associated with your permitted use of the Site or the Services under these Terms, any information or descriptions on the Site or related to the Services;
    • ‘Frame’ or use inclusion techniques to enclose any Materials, trademarks, service marks, logos, or other content on the Site within another Website or within any other digital content or otherwise misrepresent features of the Site or Services as your own;
    • Use any data mining, scrapers, spiders, robots, or similar data gathering or extraction methods to obtain content or information about other users or otherwise from the Site or Services;
    • Send malware, Trojans or any other type of damaging file or code;
    • Share your account information with any other person or limited acquaintance or knowingly use another user’s account or password, impersonate or misrepresent your true identity;
    • Access or attempt to access information from our employees or other third-parties through unauthorized methods;
    • Commit or encourage others to commit illegal activities;
    • Share any content that is abusive, threatening, libelous, defamatory, obscene or pornographic or use lewd or inappropriate language, in any public forum;
    • Use the Service to advertise products or services or solicit any person to buy or sell something or solicit donations or investments;
    • Collect personal information from any part of the website for the purposes of marketing, solicitation or otherwise;
    • Tamper with, copy, record without authorization, or steal data, whether personal or otherwise, that does not belong to you;
    • Harm minors in any way;
    • Forge headers or text, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; distribute, modify, license, resell, or make any commercial use of the Site or any content on the Site apart from using the Services for their intended uses;
    • Use the Site or Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that you use or modify in connection with the Site or Services;
    • Attempt to gain unauthorized access to the Site or Services or information contained thereon by any means, including hacking or password mining;
    • Use the Site or Services for any purpose or post any content that is unlawful or prohibited by these Terms; or
    • Attack the security of our servers or any part of our networks or otherwise use the Site or Services in any way that could damage or overburden the Site or Services or interfere with any VTech server or networking equipment, VTech’s provision of the Site or Services, or any user’s use or enjoyment of the Site or Services.
    • We may discontinue some or all of the Services and/or Site functionality at any time. We may also terminate your right to use or access the Site and/or Services at any time, and we may also modify the Site and/or Services to make them unavailable or inoperable. You may not authorize or assist any third party to do any of the things prohibited in this section.

  3. ADDITIONAL LIMITATIONS ON USE OF SOFTWARE

    All Software provided to you is licensed (not sold to you) in accordance with the licenses that accompany the software. Title to software will remain with the applicable licensor(s).  Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file), you may not:

    • Separate any individual component of the Software for use;
    • Incorporate any portion of the Software into other software or compile any portion of it in combination with other software;
    • Use the Software, or any portion of it, with any other product or service or over a network;
    • Sell, rent, lease, lend, loan, distribute, assign or sublicense the Software or otherwise attempt to transfer any rights to it in whole or in part;
    • Misrepresent the Software or any features of the Service as your own;
    • Modify, reverse engineer, decompile, remove any proprietary notices, obscure or remove branding or trademarks, disassemble the Software in whole or in part, create any derivative works from or of the Software, or encourage, assist or authorize any other person to do any of these things; or
    • User acknowledges and agrees that the technology used and embedded in the Site and Services constitutes the trade secrets, intellectual property and know-how of Vtech, and is great value to VTech.
    • Make copies of or distribute the Software or electronically transfer it or any portion of it from one computer to another or over a network.
    • You agree to abide by all laws and regulations in effect regarding your use of the Software, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this Section.

  4. Applicable Territory

    If you use or access the Site or Service outside of the supported countries (the ‘Territory’), as listed on the Site or in related documentation, it is at your own risk. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT DESIGNED FOR USE IN A NON-SUPPORTED COUNTRY AND SOME OR ALL OF THE FEATURES MAY NOT WORK. VTECH IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY ACCESSING THE SERVICE FROM OUTSIDE A SUPPORTED COUNTRY.

5. Copyright Infringement Notification Procedure

If User believes that any content on the Site or in the Services infringes copyright, please provide VTech, at the address below, with a written notice containing all of the requested information below.

  • Identification of each copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material. Please provide a URL to the material that is claimed to be infringing if possible.
  • Information reasonably sufficient to permit contact with the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notices to:

Attn: Legal Department
VTech Communications, Inc.
9020 SW Washington Square Drive, Suite 555
Tigard, OR 97223 USA

User acknowledges that if User does not provide all of the requested information, the notice of alleged infringement may not be valid.  User also acknowledges that some or all of the information contained in User’s notice of alleged infringement may be provided to the alleged infringer.   User further acknowledges that under Section 512(f) of the DMCA, knowingly materially misrepresentations that material or activity is infringing may be subject one to liability. Please visit www.copyright.gov for more information.

6. Disclaimer of Warranties

Limited Warranties for Products purchased through the Site are set forth at https://www.vtechphones.com/legal/returns-and-warranty. To the fullest extent permissible by applicable law, VTech makes no other express warranties and this warranty supersedes any prior representation and understanding regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SOFTWARE SOLD THROUGH THE SITE ARE SOLD “AS IS” WITH NO WARRANTIES EXCEPT AS STATED ON THE LIMITED WARRANTIES ACCOMPANYING THE PRODUCTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN VTECH’S LIMITED WARRANTY, VTECH AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATING TO PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES; WARRANTY OF NONINFRINGEMENT; ANY WARRANTY OF TITLE; OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.

VTECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR IN THESE TERMS FOR ANY PURPOSE. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK.

NEITHER VTECH NOR ITS AFFILIATED PARTIES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY CONTENT INCLUDED IN THE SITE OR OTHERWISE CONCERNING ANY SERVICES.  VTECH ALSO MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Except as otherwise expressly warranted herein or in other written documentation executed by an authorized representative of VTech, the entire risk as to the quality, or arising out of the use or performance of, the Site and Services remains with you. 

Additional disclaimers may appear within the body of the site or in association with services, and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this site or the material therein, or the services, such greater restrictions shall apply.  

You acknowledge that no employee of VTech or its affiliates is authorized to make any representation or warranty on behalf of VTech or any of its affiliates that is not in these Terms of Use. VTech also makes no warranties with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the products which are in force within your territory.

7. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE STATED IN THESE TERMS, VTECH AND ITS AFFILIATED PARTIES (DEFINED IN SECTION 8) SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGES TO CUSTOMER OR THIRD-PARTY SUPPLIED EQUIPMENT, AND THE LIKE) ARISING OUT OF THE USE OF, UNAVAILABILITY OF, OR INABILITY TO USE THE SITE OR PURCHASE OR USE ANY SERVICES, OR WITH ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR WITH THE DELAY OR INABILITY TO USE THEM, OR THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, EVEN IN THE EVENT OF VTECH’s FAULT, COMMISSION OF A TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF VTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permissible by applicable law, your sole and exclusive remedy, and VTech’s sole and exclusive liability, for any breach of warranty shall be your right to return the Product or receive a refund for the Service under the VTech’s Return Policy. 

VTech is not responsible for the actions of users who access its Services or Site, the data you encounter via the Services or Site, how you interpret or use such data, or any actions taken as a consequence of your encounters with such data. Exchanges or communications with persons or entities that occur via our Site or Services and any polices corresponding to such relations are solely the responsibility of you and the other party (or parties). 

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or punitive damages, the limitations and disclaimers set forth in Sections 6 and 7 may not apply to you. In such states, VTech’s liability shall be limited to the fullest extent permitted by law.  In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you to us related to the Services or $50 (whichever is less).

8. Indemnity

You agree to indemnify and hold harmless VTech and all of its agents, employees, parent companies, subsidiaries, affiliates, attorneys, contractors, agents, suppliers, licensors, and licensees (together, ‘Affiliated Parties’) from and against any and all damages, losses, claims, liabilities, obligations, penalties, judgments, awards, costs, and expenses, including without limitation, legal fees, (collectively, ‘Damages’) in connection with any claim arising out of any breach or alleged breach by you of these Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. We shall have the right to defend, settle and compromise any such claim with counsel of our own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of VTech.

9. Public Forums and User-Submitted Content

The Site and/or Services may include functionality that allows you to post reviews or feedback, interact with other users of the Site or Services, to post text and/or other content on message boards, or other publicly accessible locations. VTech does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or information displayed or distributed through the Site or Services. You acknowledge that any reliance upon such opinion, advice, statement or information shall be at your sole risk.  You acknowledge that VTech will not, and has no obligation to, monitor or regulate any user-submitted content on any publicly accessible forum, but VTech reserves the right to remove any user-submitted content or posts at its sole discretion. Opinions expressed on unmoderated message boards or in product reviews are the personal opinions of the original authors. VTech accepts no responsibility for these opinions and they do not necessarily reflect VTech’s opinions. Any content that you post or upload to any public forum on the Site or related to the Services is not confidential, and VTech has no obligations (whether of confidentiality, compensation or otherwise) with respect to such content.

If you choose to post or upload any content to any public forum on the Site or related to the Services, you hereby grant VTech a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free worldwide license and right to use, copy, modify, translate, prepare derivative works, perform publicly, distribute, display publicly, and exploit any content that you post or upload to any public forum on the Site or related to the Services.

If you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) in connection with these Terms or use of our Site or Services (‘Feedback’), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback, and we will be free to use and exploit such Feedback in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of VTech. You hereby irrevocably transfer and assign, and agree to transfer and assign, to VTech all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.

When you use the Site or Software, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any user-submitted content that:

  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, vulgar, indecent, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
  • violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right;
  • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;
  • restricts or inhibits any other user from using the Site,
  • contains advertising of any kind, including a link to any third-party website;
  • constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
  • constitutes or contains false or misleading indications of origin or statements of fact;
  • are false regarding you;
  • constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or ‘spam,’ or an offering or dissemination of fraudulent goods, services, schemes or promotions;
  • is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients; or
  • is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
  • violates any applicable local, state, provincial, national or international law.

By posting user-submitted content, you represent and warrant that you own or otherwise control all of the rights to your user-submitted content, including, without limitation, all the rights necessary for you to post or upload the user-submitted content. You further represent and warrant that public posting and use of your content by VTech will not infringe or violate the rights of any third party.

10. Changes to the Site and Services

Please be aware, that, like all Internet sites and technology-related services, the Site and services are works in progress. Vtech, its affiliates and its licensors reserve the right to change, suspend, remove or disable access to the Site and Services or other materials constituting any part of the Site or Services, including the availability of any feature, database or content, at any time and without notice. In no event will VTech or our affiliates or licensors be liable for making these changes.  We may also impose limits on certain features and services or restrict your access to parts or the entire Site or Services without notice or liability.

11. VTech Account

In order to access our Software, certain Products, or certain portions of the Site, will ask you to register for an account. Each account set-up will require us to collect personally identifiable information from you, including but not limited to, a user ID and password. The information you provide must be accurate and correct. If you register for an account using inaccurate information, which includes impersonating another person, VTech reserves the right to terminate your account without notice. For more information on termination, see Section 12. You agree to update your account information to keep it current and accurate.  Should your account be terminated for any reason, this may result in the deletion of all the information and data contained in your account.

Once your account is activated, you are solely responsible for maintaining the confidentiality of your account user ID and password, and you agree to accept responsibility for all activities that occur under your account or password. VTech reserves the right to take any action that it deems necessary or reasonable to ensure the security of the Site, the Services or your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, VTech may rely on the authority of anyone accessing your account or using your password. VTech will not be liable to you for any action or inaction of VTech under this section, any compromise of the confidentiality of your account or password not caused by VTech, or any unauthorized access to your account or use of your password. On the other hand, you may be liable for losses incurred by VTech as a result of someone else using your account or any unlawful use of your account. You are required to report immediately any unlawful use of your account or suspected violation of these Terms. VTech reserves the right to involve local law enforcement as it deems appropriate for criminal acts it becomes aware of.

The Service will place small digital non-personal cookies on your hard drive when you customize the account. This mechanism will customize the interface and remember information about your visit so it persists when you load the site again later. You must enable cookies in your browser to take advantage of this feature. More information about our use of tracking cookies is available in the Privacy Policy.

12. Termination

You may terminate your account at any time. You may ask us to terminate your account at any time by terminating your account by following the instructions stated within your online account.  If you need assistance contact VTech.  Please note that if you violate any of these Terms, VTech reserves the right to terminate your account immediately without notice or liability, and termination of your account may result in the destruction of all information and data, including but not limited to video and audio recordings, associated with your account. You will be responsible for immediate payment of any outstanding charges to your account in the event of termination.

Your basic account is free. In addition, you can prepay for data storage services (‘Cloud Services’) offered to you by VTech. To terminate your basic account and any associated Cloud Services, you should submit a support request at myvtechcams-faq.vtech.com for IP Cameras and myvtechbaby-faq.vtech.com for Remote Access Baby Monitors, and state that you would like to terminate your basic account and all personal information associated with it. If you terminate your basic account, that will also terminate any prepaid Cloud Services for data storage. You can terminate the Cloud Service only, at any time, and retain your basic account; to do this, you should submit a support request at myvtechcams-faq.vtech.com for IP Cameras and myvtechbaby-faq.vtech.com for Remote Access Baby Monitors, and state that you would like to terminate your Cloud Services only. In this event, you will be refunded any prepaid Cloud Service charges, beginning with the first day of the month following your termination request (but you will be charged for at least the first 30 days that you use the Cloud Services). Any such refund will be paid within thirty (30) days after VTech’s receipt of your termination request.

Digital content cannot be returned by VTech because it cannot be removed from a customer’s machine with any degree of certainty.

13. Updates

It is your responsibility to ensure that you are using the latest version of any Software, which will improve the functionality of the Software and may be required for certain transactions or features.

VTech undertakes no obligation to update, amend or clarify information disclosed on the Services, including without limitation, financial information.  However, the Site and Services are updated periodically when bug fixes, patches and feature improvements are finalized. This functionality is necessary for the integrity of the Site and/or Services. These updates may affect the core functionality of the Site and/or Service, but they do so in accordance with the Privacy Policy and they do not access or allow access to data or content from your Device(s). If you disagree or are prevented by law from allowing automatic updates, you must stop using the Site and Service immediately and terminate your account.

VTech will also push out updates when bug fixes, patches and feature improvements are finalized. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear.

No specified update or refresh date applied in the services should be taken to indicate that all information on the Services has been modified or updated. Please remember when reviewing information on the Services that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Services to become inaccurate or incomplete. It is the user's responsibility to ensure that information obtained from the Services has not been rendered inaccurate or incomplete by subsequent events.

14. Availability of the Site and Software

Subject to the terms and conditions of these Terms, VTech will use commercially reasonable efforts to provide access to the Site and Software twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time, the Services may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades (‘Scheduled Downtime’); software malfunctions; and causes caused by third parties or otherwise beyond VTech’s control or which are not reasonably foreseeable by VTech, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, third-party failures or other failures (collectively ‘Non-Scheduled Downtime’). VTech will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Services in connection with a Non-Scheduled Downtime.

In the event VTech discovers or is notified by you of the existence of Non-Scheduled Downtime, VTech will take reasonable actions to determine the source of the problem. If the source of the problem is outside of the control of VTech, we will use commercially reasonable efforts to notify the party(ies) responsible and cooperate with such party(ies) to resolve the problem as soon as possible. If the source of the problem is within the control of VTech, we will use commercially reasonable efforts to resolve the problem as quickly as is reasonably possible after determining the source of the Non-Scheduled Downtime. However, it is also important to note that the source of any issues with the Services could be related to your own internet connection or the improper, inadequate or unsupported performance of your Device, computer, mobile device or other hardware or firmware installed on your Device.

YOU AGREE THAT VTECH IS NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SUSPENSION, DISRUPTION, OUTAGES, ALTERATION OR DISCONTINUATION OF ANY PART OF THE SERVICES OR SITE FUNCTIONALITY THAT IS CAUSED BY ANYTHING OUT OF THE CONTROL OF VTECH, INCLUDING, WITHOUT LIMITATION, AN INADEQUATE OR UNSTABLE INTERNET CONNECTION FOR THE DEVICE OR THE SERVICES, DEVICE OR HARDWARE MALFUNCTIONS OR INADEQUACIES, OR ANY FAILURES OF ANY THIRD PARTY.

  1. Internet

    Accessing the Site and using certain Services requires Internet Access.  High-speed Internet access is strongly recommended.

    You may access the Site and certain Services through a mobile network, your network or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Site and Services. Your carrier may prohibit or restrict the Site and/or certain Services and certain Services may be incompatible with your carrier or wireless internet device.

  2. Device Issues

    The Service may include Devices that can exist without a connection or those that require the Service to operate fully and completely. Information provided by the Device manufacturer should clearly identify dependency on the Service in the documentation or any license agreements that accompany the Device and on the specifications or packaging. If the end user is not permitted to use the Service pursuant to the documentation, agreements or specifications that accompany the Device, the ability to use certain Devices in connection with the Services may be limited or may be otherwise impacted negatively. VTech is not responsible for providing this information or for any inability to use the Service with a given Device. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY ISSUES WITH, OR ANY INABILITY TO USE, A DEVICE OR FIRMWARE INSTALLED THEREON, IS WITH THE DEVICE SELLER OR MANUFACTURER. VTECH IS NOT RESPONSIBLE OR LIABLE FOR FUNDS LOST DUE TO PRODUCT PURCHASES WHERE THE SERVICE IS NOT ACCESSIBLE FOR REASONS RELATED TO THE DEVICE, THE FIRMWARE INSTALLED THEREON, OR THE DOCUMENTATION ACCOMPANYING SUCH DEVICE OR FIRMWARE.

    Some devices have features that need to be enabled. For example, to use a camera as a baby monitor it must detect sound to trigger an action, whether it be recording video or sending notifications. This feature may not be enabled by default and it may be in a disabled state on your Device. You are responsible at all times for configuration of Devices to deploy features and the correct configuration of notifications so they are received correctly. You can refer to the User Manual for your Device for specific instructions on how to enable or disable optional features. VTECH IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES RELATING TO DEVICE OR FIRMWARE CONFIGURATION OR THE LACK THEREOF OR FOR NOTIFICATIONS THAT DO NOT SEND CORRECTLY OR REACH THE INTENDED RECIPIENT.

15. Not Intended to Provide Critical Services

VTech is not a critical services provider and the Services are not intended to provide critical services. In other words, VTech cannot guarantee that the Site or Services will remain online or that they will function properly at all times. Furthermore, VTech is not responsible for, and assumes no liability relating to or arising out of, your Devices or any firmware installed thereon.

YOU UNDERSTAND THAT VTECH IS NOT A ‘CRITICAL SERVICES PROVIDER’ AND THE SERVICES ARE NOT ‘CRITICAL SERVICES’ THAT ARE MONITORED OR GUARANTEED. DOWNTIME MAY OCCUR DUE TO FACTORS OUTSIDE OUR CONTROL. DO NOT RELY ON THE SERVICES FOR ANY LIFE THREATENING, CRITICAL OR EMERGENCY PURPOSE OR REQUIREMENT. DO NOT USE OR RELY ON THE SERVICE FOR CRITICAL SERVICES THAT MUST ALWAYS BE ONLINE OR OPERATE WITHOUT A BACKUP PLAN FOR DETECTING IF THE SERVICE BECOMES UNAVAILABLE FOR ANY REASON. YOU AGREE THAT VTECH IS NOT LIABLE TO YOU OR ANY THIRD-PARTY IN ANY WAY FOR DAMAGES AS A RESULT OF SERVICE OUTAGES, WHETHER OR NOT CAUSED BY VTECH.

YOU ACKNOWLEDGE THAT ONLY YOU HAVE ACCESS TO YOUR DATA AND VIDEO/AUDIO STREAMS, SO CONTENT IS NOT MONITORED AND WILL NOT RESULT IN EMERGENCY SERVICES BEING DISPATCHED TO YOU.

Notifications are provided through the Service to provide warning of outages, account changes and other events that are worthy of attention. Though we strive to deliver notifications as appropriate, the nature of e-mail, SMS or any other form of communication is inherently only as reliable as the service. YOU ACKNOWLEDGE THAT NOTIFICATIONS MAY NOT ARRIVE FOR REASONS OUTSIDE OF THE CONTROL OF VTECH AND/OR ITS PARTNERS. YOU AGREE THAT VTECH IS NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES THAT RESULT BECAUSE THE SERVICE WAS UNABLE TO PROVIDE A NOTIFICATION FOR ANY REASON.

16. Purchase of Products

You agree and represent that you are buying Products for your own use, and not for resale or export. VTech does not accept resale certificates or exempt certificates for any consumer sales. Please refer to the Snom Channel Partner Program at www.snomamericas.com to support partners selling Snom Americas products.

  1. Offer and Acceptance

    Submitting your order constitutes your offer to purchase the selected Product, regulated under these Terms, and obligates you to pay the price of the ordered Product(s) if the order is accepted and confirmed by VTech.  An order proposal may be refused by VTech prior to acceptance and confirmation of the order by VTech at its sole discretion, including but not limited to when the product is not available, or where there are reported or suspected fraudulent activities.  The acceptance (or the refusal) by VTech of the order proposal shall be sent via e-mail at the address you provided at check-out.  Title and risk of loss for the Products purchased on this website passes from VTech to you upon shipment.

  2. Warranties

    Limited Warranties for all Products and services purchased through the Site are set forth at https://www.vtechphones.com/legal/returns-and-warranty. To the fullest extent permissible by applicable law, VTech makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.

  3. Return Policies 

    Please view our Return Policies for more information.

  4. Availability; Out-of-Stock Product; Backorders. 

    All items are subject to availability and we reserve the right to the fullest extent permissible by applicable law to impose quantity limits on any order, to reject all or part of an order and to discontinue Products or services without notice, even if you have already placed your order.

    If a Product is not available, please check back later. Sometimes we will not know in advance that Product is unavailable, so when you place items in your Shopping Cart you will be asked if you would like to backorder them. If you indicate yes, the item will be sent to you once it becomes available. Note that some items may be back-ordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the Product ships to the designated delivery address. If the back-ordered Product is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have Products on backorder that you would like to cancel, please contact us through the website associated with your specific product, or through the support number listed in the User Manual associated with your product.

  5. Shipping Information 

    VTech will ship products via standard ground or expedited shipping service. VTech will ship to virtually any address within the United States, excluding Puerto Rico and the U.S. Virgin Islands. Alaska and Hawaii orders can only be shipped via expedited service. VTech cannot ship to P.O. Boxes, APO/FPO addresses, or to Guam or Canada. For shipping to Canada, visit www.vtechcanada.com.  Shipping and handling charges will apply depending on the size of your order, the weight of the items ordered, and whether you choose standard ground or expedited service.  Orders are shipped by VTech within 1 to 2 business days from receipt of a completed order. A “completed order” is received on the date that VTech receives all information needed to process your order.

    Any shipping times shown on the Site are estimates only – actual delivery dates may vary.  In most cases, however, total shipping time from receipt of a completed order is 3 to 7 business days for shipment via standard, and 1 to 3 business days for shipment via expedited shipping service.   Orders only containing replacement parts and/or batteries will use an economy shipping method and should arrive within 10 to12 days from receipt of a Completed Order. Customers do have the option to select expedited shipping and receive delivery within 3 to 7 days of a Completed Order.

    When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.

    Shipping and handling charges on all orders shall be calculated at VTech’s discretion. VTech reserves the right to place a hold on processing any order until such time as a VTech customer service representative: 1) contacts the customer to confirm that the customer has completed the order as intended, and 2) notifies the customer of the appropriate shipping and handling charges. Please note that shipping and handling charges may be greater than the amount initially quoted on VTech’s website. Once VTech notifies the customer of the revised shipping and handling charges, the customer shall have the right to accept the charges or cancel the order. VTech shall not consider the order completed until the customer accepts the revised shipping and handling charges.

    VTech Communications, Inc. will not be subject to any damages, including direct, indirect, or consequential damages, as a result of its failure to ship within the foregoing time frames.

 

17. Pricing

All prices and fees are shown in U.S. dollars (except where otherwise noted). To the fullest extent permissible by applicable law, all prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

For products, listed prices do not include taxes or shipping and handling charges.

All fees for Software paid to VTech are non-refundable except as otherwise provided in these Terms.  In the event that you do not pay the fees when they are due, we reserve the right to terminate your account or to restrict your access to services.

18. Payment; Credit for Refunds

Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding ‘Your Account,’ you agree to keep all payment cards or other payment method information current and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

19. Errors

We attempt to be as accurate as possible and eliminate errors on the Site and with respect to our Services.  However, the information, materials and services provided on or through this Site or in connection with our Services may be out of date, incomplete, unreliable, or contain errors. Neither VTech nor any of its affiliated parties makes any commitment or voluntarily assumes any duty to update such information, materials or services, and they shall not be liable for any such errors. VTech reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services. Where the error relates to an ordered Product, we reserve the right to the fullest extent permissible by applicable law to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. To the fullest extent permissible by applicable law, your sole remedy in the event of such error is to cancel your order and obtain a refund.

20. Open Source Software

Code may be included in the Software or device firmware that is subject to the GNU General Public License (‘GPL’) or other open source licenses (‘Open Source Software’). Open Source Software is licensed under the terms of the license that accompanies the specific software. These Terms not restrict your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL or other open source licenses, and it is published in repositories online or available upon request.

The formal process to request access to open source code should be in writing. Format a simple request via e-mail or send a letter to the address below that contains the following information:

- A clear description, URL to, or screenshots of the component that is of interest to you. This will help us to identify which part of the software you are looking for.

- Your mailing address or e-mail address for correspondence.

- Your intended purpose for the request for our records.

- Such written notice should be sent to our designated agent as follows:

   Open Source Request

   ATTN: Project Manager

   VTech

  9020 SW Washington Square Drive, Suite 555

  Tigard, OR 97223 USA

21. Security of Data in Transit

Personal information is protected on the Service and subject to the Privacy Policy. We use industry standard Transport Layer Security (TLS) to protect your data in transit wherever feasible. However, it is impossible to guarantee 100% protection from compromise when data is in transit over public networks. You understand and assume the risk when interacting with the Service over the Internet.

Personal data, including content transmitted by your Device(s), is protected on the Service and subject to the Privacy Policy. Encryption of data moving to the Service across the Internet depends on the Device (and the firmware installed thereon) and its ability to support encryption. Not all Devices can support encryption to deliver the functions they provide. Devices may support optimized encryption that has minimal impact on the performance of a video or audio stream. Devices may support Transport Layer Security through SSL to fully encrypt the payload wherever relevant and feasible. CHECK THE SPECIFICATIONS OF YOUR DEVICE WHEN YOU PURCHASE IT TO DETERMINE THE SUPPORTED METHODS OF ENCRYPTION TO THE SERVICE.

VTech is not responsible for how you use your own personal data or other users’ data. You, the user, bear sole responsibility for all personal data and content (including without limitation any audio and/or video content) you create and/or share using the services, as well as any claims made against you by another party or entity relating to your data. Should you choose to share your data with others, you do so at your own risk. Further, you are responsible for any loss or damage incurred as a result of exposure to any content you access using our services.

22. AGREEMENT TO BINDING ARBITRATION AND WAIVER OF CLASS ACTION

YOU AND WE (AND OUR AFFILIATES AND SUBSIDIARIES, DEFINED BELOW) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in certain discovery, the right to certain remedies and forms of relief, and the right to court review of any award—which may not be available in arbitration. 

To the fullest extent permitted by law, you and VTech agree to arbitrate all disputes between you and VTech and/or its affiliates arising under the Terms, except disputes relating to the enforcement of VTech’s, its affiliates, subsidiaries, or its licensors’ intellectual property rights.  ‘Dispute’ should be interpreted as broadly as possible, and includes, but is not limited to, any dispute, action or other controversy between you and us concerning the VTech Content, or these Terms, use of the Site, and any purchases of goods or services, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.

Most of our customers’ concerns can be resolved by calling the support number listed in the User Manual associated with your respective product. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Disputes (as defined below) are resolved through arbitration.

Choice of Law:  This agreement is governed by the laws of the State of Oregon, without giving effect to any conflict of laws principles.  If you are a resident of the United States of America, these Terms shall be construed and controlled by the laws of the state of Oregon, U.S.A. 

International Residents:  If you are a resident of any country other than the Unites States of America, these Terms shall be construed and controlled by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by a single arbitrator appointed by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The location of any such arbitration shall be Hong Kong

Venue:  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you if you continue the arbitration. If you do not choose a location, the arbitration will be held in Multnomah County, Oregon.  For residents outside the United States, arbitration shall be initiated in Multnomah County, Oregon, United States of America, and you and VTech agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Parties irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including, without limitation, objections based on venue, jurisdiction or an inconvenient forum.

Informal Negotiation:  Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (‘Notice’), describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation.  The Notice must be mailed via certified or registered mail to: 9020 SW Washington Square Drive, Suite 555, Tigard, OR 97223, Attention: Legal/Arbitration Notice or to you at any billing and/or shipping address in your online account or other known address.  If we are unable to reach an agreement through informal negotiation to resolve the Dispute within 60 days after the Notice is received, either party may commence arbitration.

Procedures:  If you and VTech do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act (the ‘FAA’).  The FAA and federal arbitration law apply to these terms of use.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms of use as a court would.  The arbitrator’s award is binding and may be entered in any court of competent jurisdiction.  Any arbitration under these terms and conditions shall be administered by the American Arbitration Association (‘AAA’), and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures.  You can obtain copies of the AAA Rules at AAA’s website (www.adr.org) or by calling 800-778-7879.  You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location.  We will reimburse your reasonable attorneys’ fees and costs for claims totaling less than $10,000 and agree not to seek attorneys’ fees or costs from you. 

No class actions or consolidation of Disputes:  To the fullest extent permitted by applicable law, we agree that any Dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, private attorney general, or representative action, and you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you sell, assign, or transfer any Dispute.  Unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding.  The arbitrator may not award declaratory or injunctive relief, order us to pay any monies, or take any actions with respect to persons other than you, and only to the extent necessary to provide relief warranted by that your individual dispute, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. 

Enforceability:  If any portion of this Agreement to Arbitrate and Waive Class Claims is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in the United States District Court for the District of Oregon rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state courts located in Multnomah County, Oregon. 

Survival after termination:  This Agreement to Arbitrate and Waive Class Claims will survive after the Terms terminate or your use of the Site or Services ends.  Any cause of action or claim you may have with respect to the Site, products, or services must be commenced within one year after the claim or cause of action arises or be barred forever, or to the fullest extent permissible by applicable law.  Notwithstanding the other provisions in this Agreement to Arbitrate and Waive Class Claims, if we have a reasonable basis to believe that you have in any manner violated or threatened to violate any of our intellectual property rights, we may bring suit in state courts located in Multnomah County, Oregon, or, if brought in a federal district court, United States District Court for the District of Oregon, rather than through arbitration.  You agree that you will submit to the jurisdiction of the state and federal courts located in Multnomah County, Oregon.

23. Stored Data and Content

Unless specifically purchased by you as a subscription upgrade to the Service, VTech will not store any data or content transmitted from any Device associated with your account, and such data or content is not available or accessible by you or any third party. If you do purchase one of the subscription upgrade plans (as described at www.vtechphones.com/products/wireless-monitoring/ip-camera/cloudrecording), the motion-activated video and audio captured by your Device(s) will be stored by VTech’s cloud service partners, and you will be able to download or access such video, for the time period and as specified in the plan description. Any content captured by your Device(s) that is beyond the timeframe specified in your plan description will be permanently deleted. VTech will not backup or provide redundancy for any data or content. YOU AGREE TO ASSUME ANY AND ALL RISK ASSOCIATED WITH FAILING TO BACKUP OR MAKE COPIES OF YOUR DATA OR CONTENT, AND VTECH HEREBY DISCLAIMS ALL LIABILITY ASSOCIATED WITH A FAILURE TO BACKUP OR PROVIDE REDUNDANCY FOR SUCH DATA OR CONTENT. 

Even if you purchase a subscription upgrade for the Service for the purpose of adding historic recall of data and video/audio content, your data and/or video/audio content will be permanently deleted from the VTech platform and associated servers if any of the following occur:

If a Device is removed or disassociated from an account; or

If your subscription lapses or you otherwise fail to renew or pay for your subscription plan.

24. Third-Party Websites and Products

VTech may post links to websites or products not owned by VTech, belonging to a third party. In so doing, we are not endorsing any such website or products. VTech bears no responsibility for the practices, content, functionality or accessibility of third-party websites, services and products. It is your sole responsibility to review and familiarize yourself with the terms and policies of third-party websites, products and services, and to act in accordance with such third-party policies. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES RELATING TO THIRD PARTY PRODUCTS OR THIRD PARTY SERVICES THAT ARE FOUND ON THE SITE. VTech reserves the right to de-link from any and all third-party sites at any time. Third parties wishing to link to this Site should do so only to the Site’s home page. No use of VTech’s trademark may be made in connection with such link without VTech’s approval and VTech reserves the right to bar such link at any time.

25. Response to Law Enforcement Inquiries

As a general matter, VTech will not view or access, or allow third parties to view or access, any data or content associated with your account. However, VTech may need to comply with efforts by law enforcement officials, with appropriate jurisdiction, to obtain access to stored data, including content associated with an account or a specific Device. You acknowledge that VTech has no obligation to notify you of any such warrants, subpoenas, court orders or other law enforcement requests and, in some cases, VTech may be compelled to refrain from notifying you of such requests. VTech’s compliance with any warrant, subpoena, court orders or other law enforcement requests shall in no way be interpreted as VTech’s agreement or acquiescence to be governed by or subject to the laws of the subject jurisdiction or to be subject to personal jurisdiction of such jurisdiction.

26. Severability

If any provision of these Terms or portion thereof is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, then such provision will, to the extent permitted by the court, not be voided but will instead be construed to give effect to its intent to the maximum extent permissible under applicable law and the remainder of these Terms will remain in full force and effect.

27. Electronic Communications

When you use parts of the Site or Services or send e-mails, text messages, and other communications from your desktop, laptop, or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, including but not limited to e-mails, text messages, mobile push notices, or notices and messages on this site or through other VTech Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.

28. Contests, Sweepstakes and Other Activities

VTech may sometimes offer contests, sweepstakes, giveaways, and related events.  Each such event is subject to unique rules and/or guidelines (‘Rules of Participation’), which are incorporated herein by reference. To the extent that any conflict exists between these Terms and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

29. Submissions and Unsolicited Ideas Policies

In connection with unsolicited creative ideas, suggestions or materials you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

30. Customer Service; Contact Information

Contact phone numbers and e-mail addresses are published on the Website at www.vtechphones.com/support/contact-us. Urgent communications with VTech which require expediency should be handled differently via phone unless it is otherwise not possible to do so. You may also submit a support request at myvtechcams-faq.vtech.com for IP cameras and myvtechbaby.vtech.com for baby monitors. A response should be received within two business days. It is important to note that e-mail will never be sent to you requesting that Personal Information be provided via e-mail. The mechanism for collection and updates will always be either the Service (forms on the Website, prompts) or phone conversation after identity has been verified.

31. Information or Complaints for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to Websupport@vtechphones.com. You may also contact us by writing to Customer Service at 9020 SW Washington Square Drive, Suite 555, Tigard, OR 97223, or by calling us at (800) 595-9511. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

32. Survival

The provisions of the Terms shall survive termination of the Terms.

33. Waiver

 No waiver of any provision of the Terms by VTech shall be deemed a further or continuing waiver of such provision or any other provision. VTech’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

34. Entire Agreement

These Terms constitutes the entire agreement between you and VTech with respect to the Services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and VTech, unless otherwise noted herein.