Terms of Service

Order and Pricing

We may, in our sole discretion, refuse or cancel any order and limit order quantity. You agree that your order is an offer to buy the products or services listed in your order. Your receipt of a confirmation from us, however, does not constitute an acceptance of your order; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel your order, we will refund you the full amount paid.

We strive to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical or other errors in such communications. Additionally, we may make changes to any product or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the site with respect to products and services may be out of date, and we make no commitment to update the materials on the site with respect to such products and services.

Prices shown are in U.S. dollars. If you are paying for your order with an international credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.

Shipping

The title of the purchased products passes to you when the product is shipped. While we work hard to ship out orders as soon as possible, there may be certain circumstances that delay your order, such as low product availability. You acknowledge that all scheduled shipment dates are estimates only and agree that in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery.

Replacement

Defective products may be returned for repair or replacement directly to us using our standard RMA process. You acknowledge and agree that your exclusive remedy and our sole obligation with respect to any defective product is to supply a replacement product or repair such defective product. For more information, see: RMA process.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through our site. We do not store any payment or credit card information.

Site Term of Service

By placing an order on the site, you agree to the applicable terms set forth in the Terms of Service of our site.

Proprietary Rights

All content included on or comprising the site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Ubiquiti owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may use the site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.

Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

We are and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this site, or of any intellectual property rights relating to those products or services.

We grant to you a nonexclusive, nontransferable license to use the applicable software, in executable form, solely as embedded in the products that are purchased from our site, solely for your internal, non-commercial use. You may not copy or modify such software. You acknowledge that our products and the relevant software contain our trade secrets, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer our products or software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. We reserve all rights and licenses in and to our products and software not expressly granted to you hereunder.

Accounts, Passwords and Security

Certain features or services offered on or through our site may require you to open an account (including setting up an online ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the site due to someone else using your online ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s online ID, password or account at any time without the express permission and consent of the holder of such ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

We may, in our sole discretion, terminate your account or your use of the site at any time. We may change, suspend or discontinue all or any aspects of this site at any time without prior notice.

Limitations of Warranty and Liability

THE PRODUCTS ARE PRE-RELEASE PRODUCTS AND MAY CONTAIN DEFECTS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR COMPLETED FOR COMMERCIAL USE AND MAY THEREFORE CONTAIN ERRORS, BUGS OR SIMILAR UNSTABLE CHARACTERISTICS, NOT TYPICAL OF COMMERCIALLY RELEASED ITEMS. SUCH CHARACTERISTICS MAY NEGATIVELY AFFECT THE OPERATION OF PREVIOUSLY INSTALLED SOFTWARE AND/OR HARDWARE OR OTHER EQUIPMENT ON WHICH ANY PRODUCT IS INSTALLED OR WITH WHICH IT IS USED. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE PRODUCTS AND/OR ACCOMPANYING MATERIALS. WITHOUT LIMITATION TO THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UBIQUITI INC. AND ITS AFFILIATES (COLLECTIVELY, “UBIQUITI”) HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES AND WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY LAW. UBIQUITI EXPRESSLY DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. UBIQUITI IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT WITH RESPECT TO THE PRODUCTS, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE PRODUCTS WILL BE CORRECTED.

UBIQUITI DOES NOT ACCEPT 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, WE AND OUR AFFILIATES 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 PRODUCT OR SERVICE, WE AND OUR AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT OR SERVICE. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

End Users Only

Our site sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

Export Regulation

Products purchased from our site are subject to U.S. and foreign export control laws and regulations. You may not use or export or re-export any product or service offered on our site in violation of any applicable laws or regulations, including, without limitation, the U.S. export laws and regulations.

Feedback and comments

You may interact with the site and Ubiquiti in numerous ways, including reviews, online chat room, questions and answers, community forums, and e-mail communication (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, non-confidential and without restriction and will not place us under any fiduciary or other obligations. You hereby grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, create derivative work and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media.

When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms and conditions, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters arising out of or relating to these terms and conditions are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York.

Dispute Resolution and Binding Arbitration

YOU AND UBIQUITI INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

You may not assign any of your rights or delegate any of your obligations under these terms and conditions without our prior written consent.

No Waiver

The failure by us to enforce any right or provision of these terms and conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ubiquiti Inc.

Severability

If any provision of these terms and conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these terms and conditions and will not affect the validity or enforceability of the remaining provisions of these terms and conditions.