The Product Software is provided by Withings Inc. (hereinafter "Withings" or "We").
The following Product Software Terms are a sub-set of Withings Services Terms and Conditions for Withings digital health Products and Services ("Withings Services Terms and Conditions"). The Product Software Terms supersede any other document of the Withings Services Terms and Conditions concerning its purpose.
It is understood and agreed between the parties that Withings shall have the right, in any case, to modify all or part of these Product Software Terms, to reflect changes to the law or any applicable regulation, or modification of our Products and Services -or any event which is deemed sufficient by Withings to command such revisions. Any new version of the Product Software Terms will not apply retroactively but replaces and supersedes the previous Product Software Terms. We advise you to frequently consult theWithings Services Terms and Conditionsand to save each version on durable media.
implemented by Withings in order to enable connection by the user to the Product.
These Product Software Terms and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of Massachusetts (USA) without regard to principles of conflict of laws.
Any dispute, claim or controversy arising out of or relating to these Products Software Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Product Sofware Terms to arbitrate, shall be determined by arbitration rather than in court, except that you may assert claims in small claims court if you claim qualify. The Federal Arbitration Act and federal arbitration law apply to these Product Software Terms. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.