Terms and Conditions
ORIGAMI MOTION PRE-ORDER AGREEMENT
Thank you for placing a pre-order (a “Reservation”) for an Ori smart dresser (“Ori”)! You’ve secured your place and priority in the queue for finalizing your Ori order. These Ori Reservation Terms (“Terms”) govern your relationship with Origami Motion Inc. (“we”, “us”, or “Origami Motion”) with respect to your Reservation of an Ori.
1. Effective Date
Your Reservation is effective when 1) you place your reservation and assent to these Terms, and 2) we receive your “Reservation Payment,” which is the payment amount communicated to you during the reservation process, within 7 days of when you placed your Reservation.
2. Purchase Price
The estimated purchase price of Ori is only an estimate. We are still working on the exact features and hardware Ori will have and so cannot confirm the exact price just yet. Your actual purchase price (“Purchase Price”) will ultimately be confirmed once your Ori is delivered. We reserve the right to change the Purchase Price and to add, discontinue, or change the pricing of available options for the Ori, at any time.
3. Order Process
While this Reservation secures your approximate priority, it does not constitute the purchase or order of your Ori.
4. Delivery
You understand that Ori is still under development at the time you’ve placed your Reservation, so we cannot guarantee exactly when your Ori will actually be delivered. You further acknowledge that the Ori is still in development, and therefore, (1) we may make modifications to Ori as it enters production (including changes that may result in a materially different Ori from any prototypes or concepts shared or provided to you prior to production), and (2) we may cancel reservations as we deem appropriate, including if Ori is not ready for commercial release or the development of Ori is significantly impacted. In addition, we reserve the right to update the areas in which we may prioritize delivery at any time, for any reason.
5. Cancellation
Prior to shipment of your Ori dresser, your Reservation may be cancelled for any reason, by either you or us, in which case you will receive a full refund of your Reservation Payment. To cancel your reservation, you need only send an email to help@origamimotion.com, and we’ll initiate a refund of your Reservation Payment.
6. Acknowledgements; Non-Transferable
You understand that we will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on your Reservation Payment. Your Reservation is not transferable or assignable to another party without our prior written consent.
7. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Ori for use in the continental United States (excluding Alaska and Hawaii). Origami Motion may use and process your personal information (including, without limitation, your email address) to facilitate your placement of a Reservation. Origami Motion may also use or disclose such personal information collected for Origami Motion’s current and future business purposes, such as product development, research, and legal compliance. Origami Motion will use and process such personal information in accordance with applicable laws governing the processing of such personal information. You agree to all such collection, use, and disclosure. Notwithstanding the foregoing, Origami Motion has no obligation to retain any data or information that you may have provided to Origami Motion.
8. DISCLAIMER
ORIGAMI MOTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE MODEL DISPLAYED BY ORIGAMI MOTION, WHETHER BEFORE OR AFTER YOU HAVE AGREED TO THESE TERMS. YOU UNDERSTAND AND AGREE THAT ORI, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE ORI THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENT FROM ANY PROTOTYPE MODEL SHARED OR CONCEPTUALIZED BY ORI. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF ORI, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR RESERVATION AS DESCRIBED HEREIN. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THIS IS NOT A SALE, AN OFFER TO SELL OR A PURCHASE AGREEMENT TO BUY AN ORI, AND THAT YOUR ABILITY TO BUY AN ORI IS SUBJECT TO AVAILABILITY.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ORIGAMI MOTION BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THESE TERMS. IN THE EVENT ORIGAMI MOTION IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO REIMBURSEMENT OF YOUR RESERVATION PAYMENT.
10. Governing Law; Integration
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. These Terms shall be governed by and shall be construed in accordance with the laws of the State of Colorado. You may not assign this Agreement or any of the rights granted to you hereunder.
11. Agreement to Arbitrate
Please read this Section 11 carefully. You are agreeing that any dispute between you and Origami Motion Inc. or its affiliates (“Origami Motion”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your order for your Ori. All arbitration hearings shall be conducted in Greeley, Colorado.
If you have a concern or dispute, please send us an email to help@origamimotion.com, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the order number.
To learn more about the Rules and how to begin an arbitration, you can go to www.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, Origami Motion, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Origami Motion products. In other words, you can bring claims against Origami Motion only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for Origami Motion). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated.
If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can “opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your Ori and first agreeing to these terms and conditions. Please send the letter to Origami Motion Inc.; 2511 28th Ave, Greeley, CO 80634 and include your name and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.