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terms of use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions ("Agreement") apply to your order of a Toshiba App Place® product ("Toshiba App Place®") offered by SnappCloud, including its affiliates or subsidiaries. By ordering, activating, or using a product through Toshiba App Place®, you accept and are bound to the terms and conditions of this Agreement and the Terms and Conditions for the product which you are ordering. If you do not wish to be bound by this Agreement or by the Product Terms and Conditions, you must notify SnappCloud and return your order pursuant to the Return Policy, below.

  1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and SnappCloud.
  2. Payment Terms. Unless otherwise agreed to by SnappCloud, payment must be received by SnappCloud prior to SnappCloud acceptance of an order. Payment for Toshiba App Place® subscription may only be made by credit or debit card. You agree to pay for all products and subscriptions that you purchase through Toshiba App Place®, and we may charge any payment method you have provided for any such payments. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your payment information and process all charges associated with the Product(s) purchased by you.
  3. Recurring Subscription Fees. If the Product you purchase is based on a monthly or other periodic subscription fee, the subscription fee will be automatically charged to your credit card or other payment method that you provided to us and will be billed in advance, unless otherwise expressly noted. At the expiration of each subscription term we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription. At any time, you may elect not to have your subscription to any Product renewed automatically by canceling the Product as provided in "Cancellation" below.
  4. Cancellation. You may cancel any Product subscription at any time by logging into your online account and terminating the Product subscription. If you are in a free trial period, your service may be discontinued immediately, and you will not receive any charges. If you are not in a free-trial period, your service will be discontinued at the end of your billing period. Please note that it is your responsibility to maintain your online account at apps.toshiba.com/account, including current payment information, in exchange for continuing to receive monthly use of a subscription-based Product. If your payment method or other online account information becomes invalid at any time, we may suspend or terminate the Products you have purchased. In such event, we will attempt to notify you, but may not do so in all cases, and you should not rely on us to ensure that your online account and payment information are current. We retain the discretion to suspend or terminate your account or any particular Products you have purchased at any time.
  5. Free Trial. For some Products, we may offer from time to time free trials so that you may try the Product without charge or obligation ("Free Trial"). Any Free Trial is limited to one free trial per customer per product. Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then–applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is canceled. If you are not satisfied with a particular Product, you must cancel that service before the Free Trial ends to avoid charges.
  6. License; Title. Your purchase is made for a license to use the Software or Services to which you subscribed through the Toshiba App Place®. You obtain no right, title or interest in the ownership of the Software or Services nor the service of the Toshiba App Place®. You must notify SnappCloud within 21 days of the date of your order if you believe that the Software or Services purchased through the Toshiba App Place® are defective.
  7. Warranties. SNAPPCLOUD DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED HEREIN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  8. Software. Toshiba App Place® Software and Services is provided subject to a separate license agreement between you and the provider of the Software and Services. You agree that you will be separately bound by such license agreement.
  9. Refund Policies. SnappCloud does not issue partial or full refunds for Products. You may cancel any Product subscription at any time by logging into your online account and terminating the Product subscription. Your service will be discontinued at the end of your billing period and you will no longer be charged. For Products that include a Free Trial, subscription fees will be charged upon expiration of the Trial Period. If you are not satisfied with a particular Product, you must cancel that service before the Free Trial ends to avoid charges.
  10. Limitation of Liability. SNAPPCLOUD AND TOSHIBA ACCEPT NO LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SNAPPCLOUD AND TOSHIBA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ANY SOFTWARE AND SERVICES, SNAPPCLOUD AND TOSHIBA ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  11. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
  12. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SNAPPCLOUD OR TOSHIBA arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.