5718 Old Cheney Hwy
Orlando, FL 32807
Effective Date: November 14, 20171 OUR INVITATION TO YOU
1.4 User Generated Creations. By accepting these Terms, you are agreeing to grant us a non-exclusive license to use, online and offline, whatever you have created or will create while using the System. This is covered in the User Content section below.
1.5 Waivers. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2.1 The Products. We offer the Konnected Alarm Panel (“Products”). These Terms apply to any and all orders placed on the System for our Products. The purchase of Products is subject to our “Purchase Terms and Warranty”.
2.2 Pricing. All prices are in United States Dollars, unless otherwise stated. Applicable taxes and fees and shipping costs are added to our prices. All payments are made in United States Dollars.
2.3 Return of the Product. We accept returns of Products pursuant to our Purchase Terms and Warranty.
2.4 Use of the Product. You represent that the Product you have ordered is for your own personal use and not for resale.
2.5 Pricing. We cannot confirm the price of any Product until you order. Despite our best efforts, a small number of the items listed for sale in the System may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
2.6 Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the System are subject to change without notice. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the System at a particular time does not imply or warrant that these products services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the System. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.
2.7 Errors. The System may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the System that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
2.8 Automatic Software Updates. We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to promptly install any Updates we provide. Your continued use of the Services and the Products is your agreement to these Terms as updated from time to time by us.
2.9 No Life-Safety or Critical Uses of the Products and Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL WE DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
2.10 Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, for which neither us nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON THE PRODUCTS ARE
2.11 Service Interruptions; no refund or rebate. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. We do not offer any specific uptime guarantee for the Services.
2.12 Use of the System by Suppliers. Suppliers must enter into a “Supplier Agreement” with us prior to establishing an account on the System. The Supplier Agreement includes additional terms governing the relationship with us and use of the System, including the economic terms of such Suppliers’s relationship with us. A Supplier’s of the System is subject to compliance with this Agreement and the Supplier Agreement. To the extent that there is a conflict between this Agreement and the Supplier Agreement, the Supplier Agreement shall govern.
3.1 Eligibility of Users. We may, in our sole discretion, refuse to offer the System to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the System is revoked where these Terms or use of the System is prohibited or to the extent offering, sale or provision of the System conflicts with any applicable law, rule or regulation. Further, the System are offered only for your use, and not for the use or benefit of any third party.
3.2 Children. You must be least 18 years of age to use the System. If you are the parent of a child under the age of 18 using the System, please contact us at firstname.lastname@example.org. It is your responsibility to supervise the activities of children under the age of 18 and to comply with all applicable laws.
4.1 Your Account. To sign up for the System, you must create an “Account” by registering for an Account on the System or logging in through third party accounts like your Facebook or Google account (a “Third Party Account”) using your account on those services. You agree not to create an Account or use the System if you have been previously removed or banned by us from any part of the System. We reserve the right in our sole discretion to suspend or terminate your Account and refuse any and all current or future use of the System (or any portion thereof) at any time for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your Account or any refusal by us of any use of the System (or any portion thereof). Information on your profile may include information and content you provide and/or upload as well as information we collect from your account with Third Party Accounts (“Profile Information”). We reserve the right in our sole discretion to remove Profile Information at any time for any reason. You agree that we will not be liable to you or to any third party for such removal. You must provide accurate and complete information and keep your Account information updated. You shall not:
(B) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
(C) use, as a username, a name that is otherwise offensive, vulgar or obscene.
4.3 Use of Third Party Accounts. By logging in through your Third Party Account, you permit us to access certain information from such Third Party Account for use by the System and you represent that you are entitled to grant us such access without breach by you of any Third Party Account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting us access to your Third Party Account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your Third Party Account (“Third Party Account Content”) accessible through the System so that it is available on your Account. You may control the amount of information that is accessible to us by adjusting your Third Party Account privacy settings. Unless otherwise specified in these Terms, all Third Party Account Content will be deemed your User Content (defined elsewhere) for all purposes of these Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD PARTY ACCOUNT IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE THIRD PARTY ACCOUNT. We makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any Third Party Account Content.
4.4 Closing Your Account. You may deactivate your Account with us at any time, for any reason (or no reason), and you don’t even have to give us notice.
4.5 Your Demise. We pledge to protect the privacy of your User Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your User Content or Account after you are no longer able to provide them access, you need to implement a process for providing your Account information to them. We will not provide your Account information, or your User Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so.
5.1 Definitions. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, source code, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the System. The term “User Content” includes, without limitation, all Content added, created, uploaded, submitted, distributed, or posted to the System by users, whether publicly posted or privately transmitted.
5.2 Responsibility for User Content. User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is provided in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the System is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the System is or will continue to be accurate or lawfully provided. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. We have no responsibility or liability for the deletion, accuracy or lawfulness of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the System. You acknowledge that we have no obligation to pre-screen User Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason or no reason.
5.3 Notices and Restrictions. The System may contain Content specifically provided by us, our suppliers, partners or our users and such Content is or may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the System.
5.4 Your License. Subject to these Terms, we grant each user of the System a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the System. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the System is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
5.5 Our License. By submitting User Content through the System, you hereby do grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content provided by you in connection with the System and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the System
5.6 Availability of Content. We do not guarantee that any Content will be made available through the System. We reserve the right to, but do not have any obligation to,
(B) to remove or block any Content from the System.
5.8 Retention of your Content. Following termination or deactivation of your account, or if you remove any User Content, we may retain your User Content permanently. Furthermore, we and our users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content.
5.9 Content Provided by Other Parties.
5.9.2 Content provided by third-parties (“Third Party Content”), such as third-party advertisements and promotional content, may be deemed offensive, indecent, or objectionable, may not be identified as having explicit language, may contain links or references to objectionable material and may be inaccurate, incomplete, untimely, invalid, illegal, or of poor quality. You agree to use the System at your sole risk and agree that we have no liability to you for such Content.
5.9.3 Third-Party Content may not be available in all languages or in all countries. We make no representation that such Content is appropriate or available for use in any particular location. To the extent you choose to access such Content, you do so at your own initiative and are responsible for compliance with any applicable laws.
5.11 Viruses, etc. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the System or to your downloading of any material posted on it, or on any website linked to it.
6.1 License Grant to You. Subject to your compliance with these Terms, we grant to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to use the System solely for your private, personal, non-commercial use, in which case, we describe our license to you below.
6.2 Restrictions on You. Except as expressly specified in these Terms, you shall not
(B) license, transfer, sell, rent, lease, distribute, assign, host, sublicense or otherwise commercially exploit the System or the Products, in whole or in part;
(C) frame or utilize framing techniques to enclose any trademark, logo, or other portion of the System (including images, text, page layout, or form);
(D) use any metatags or other “hidden text” using our name or trademarks;
(E) access the System or use the Products in order to build a similar or competitive website, product, or service;
(F) copy, reproduce, distribute, republish, download, display, post or transmit any part of the System in any form or by any means; or
(G) remove or destroy any copyright notices or other proprietary markings contained on or in the System or the Products.
You will comply with any technical restrictions in the System that allow you to use the System only in certain ways. Any unauthorized use of the System terminates the licenses granted by us pursuant to these Terms. We makes no representation that the System are appropriate for use in locations other than the United States.
6.4 Export Control. The System and the Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from the System, or any products utilizing such data, in violation of the United States export laws or regulations or the laws or regulations of any other country. You will defend and hold us harmless against all claims, damages, or liability resulting from breach of the foregoing.
6.5 Non U.S. Residents.
6.5.2 The System is available worldwide, but our data processing operations take place in the United States. If you use the System, you acknowledge that you may be sending electronic communications (including your personal account information), through computer networks owned by us and third parties located in the United States and other countries. As a result, your use of the System will likely result in interstate and possibly international data transmissions, and your use of the System shall constitute your consent to permit such transmissions.
6.6.1 We reserve the right, at any time, to modify, suspend, or discontinue the System (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the System or any part thereof. By continuing to access or use the System after we have posted a modification on the System you are indicating that you agree to the modification. If the modifications are not acceptable to you, your only recourse is to cease using the System. 6.6.2 In connection with any modification of the System, we may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the System. We will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), we may require you to install the update to continue accessing the System. In all cases, you agree to permit us to deliver these updates to you (and you to receive them) as part of your use of the System.
6.7 Ownership. Excluding any User Content that you may provide, you acknowledge that
(B) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the System and content made available through the System are owned by us or our licensors or suppliers.
Our names, logo, trademarks and the product names associated with the System belong to us (or our licensors or suppliers, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms nor your access to the System transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms.
6.9 The Internet. The System is subject to the limitations and delays inherent in the use of the Internet and software. You agree that we are not responsible for any damages resulting from such limitations and delays.
6.10 Third Party Services.
6.10.2 The System also contain links to other websites, which are not operated by us (the “Linked Sites”).
6.12 Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
7.1 In General. As a condition of use, you promise not to use the System for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the System.
(1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
(2) you know is false, misleading, untruthful or inaccurate;
(3) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (i.e. spamming);
(4) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy below);
(5) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
(6) tampers in any way with the System or puts any computer programs, information or data into the System that contains any viruses, time bombs, trojan horses, worms, scripts, denial of service attack software or other computer programming routines that may damage, interfere with, intercept or expropriate the System or any data or content contained within or used by the System,
(7) copies, stores or otherwise accesses or uses any information contained on in the System for purposes not expressly permitted by these Terms;
(8) solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors;
(9) posts or distributes information which would violate any binding confidentiality, nondisclosure or other contractual restrictions or rights of any third party;
(10) impersonates any person or entity, including any of our employees or representatives; or
(11) includes anyone’s identification documents or sensitive financial information;
(C) interfere or attempt to interfere with the proper working of the System or any activities conducted on the System;
(D) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the System (or other accounts, computer systems or networks connected to the System);
(E) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the System to send altered, deceptive or false source-identifying information;
(F) run any form of auto-responder or “spam” on the System;
(G) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the System (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the System for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such);
(H) recruit or otherwise solicit any user to join third-party services or websites that are competitive to us;
(I) make the functionality of the System available to multiple users through any means; or (J) otherwise take any action in violation of our guidelines and policies.
7.2.2 You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(B) enforce these Terms, including investigation of potential violations hereof,
(C) detect, prevent, or otherwise address fraud, security or technical issues,
(D) respond to user support requests, or
(E) protect the rights, property or safety of us, our users and the public.
8.1 License Grant to You. Subject to your compliance with these Terms, we grant to you a limited,
revocable, non-exclusive, non-transferable license, without the right to sublicense, to
(B) use the other aspects of the System solely for your private, personal, non-commercial use.
Furthermore, with respect to any Application downloaded through the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s Usage Rules) (the “Usage Rules”). To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. We and our licensors and suppliers reserve all rights not expressly granted to you in these Terms.
8.2 Use of the Application. You acknowledge and agree that the availability of the Application is dependent on the App Store from which you received the App. You acknowledge that this Agreement is between you and us and not with the App Store. We, not the App Store, is solely responsible for the App, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App, including the App. You acknowledge that the App Store (and its subsidiaries) are thirdparty beneficiaries of this Agreement and will have the right to enforce them. If you are accessing the System via an Application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:
(B) You acknowledge and agree that we are responsible for providing any maintenance and support services with respect to the Application and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(C) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store, and the App Store may refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;
(D) You acknowledge and agree that we, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to:
(1) product liability claims;
(2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection or similar legislation;
(F) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(G) Both you and us acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement (e.g., the App Store’s terms and policies and the Usage Rules) which may affect or be affected by such use;
(H) Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof; and
(I) We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
9.1 Payments. We use a third-party payment processor (the “Payment Processor”) to allow you to pay for use of the System and the purchase of the Products. The processing of payments are subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase goods and services through the System, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider (“Payment Method”). Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You acknowledge and agree that
(B) we are not a party to your payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions.
9.3 Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
10.1 Term. Subject to this Section, these Terms will remain in full force and effect while you use the System.
10.1.1 We may terminate your Account or your access to all or any part of the System at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your User Content associated with your Account from our live databases.
10.1.2 If we exercise our discretion under these Terms to terminate your Account or your access to all or any part of the System, any or all of the following can occur with or without prior notice or explanation to you:
(B) any pending or accepted future purchases will be immediately terminated,
(C) we may communicate to your seller that a potential or confirmed purchase has been cancelled, (D) we may refund your customers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies,
(F) you will not be entitled to any compensation for purchase (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Account.
10.3 Limitation of Liability. We have no liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
11.1 Your Release of Us. To the maximum extent permitted by applicable law, you hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to:
(2) the conduct, whether online or offline, of any third party or user; and
(3) any injury, loss or damage caused by a third party, another user or User Content or Content posted on the System, whether online or offline; and
11.2 California Residents.
11.2.2 Consumer Complaints. Under California Civil Code Section 1789.3, users of the System from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer System of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at our addresses set forth above.
11.2.3 Minors. If you are a California resident under the age of 18, you may request and obtain removal of certain personal content or information you have publicly posted to the System. This generally includes personally identifiable information, but does not include anonymized information, or User Generated Content that you provide (because you’ve received consideration for providing it). To make such a request, please send an email to email@example.com. All requests must include your username and must provide a specific description of the content or information that you want removed so that we can locate that content or information. We will not accept requests via postal mail, telephone or facsimile. We may not be able to respond if you do not provide complete information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SYSTEM AND OUR PRODUCTS WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SYSTEM AND THE PRODUCTS IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SYSTEM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO ONE (1) YEAR FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.4 Indemnification. To the maximum extent permitted by applicable law, you shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to:
(B) your violation of these Terms;
(C) your violation of applicable laws or regulations;
(D) your User Content;
(E) your violation of any rights of another party, including any users of the System or third party providers to you or us of Content; or (F) your interaction with any other user.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11.5 Limitation of Liability.
11.5.1 To the maximum extent permitted by law, and except as provided in our specific product warranties, the System and our Products are is available “As Is.” To the maximum extent permitted by applicable law, you expressly understand and agree that:
or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
(B) we do not warrant that
(1) the System or the Products will meet all of your requirements;
(2) the System or the Products will be uninterrupted, timely, secure or error-free; or
(3) all errors in the System or the Products will be corrected.
(D) no advice or information, whether oral or written, obtained by you from us or through or from the System shall create any warranty not expressly stated in these Terms.
11.5.2 To the maximum extent permitted by applicable law, and except as provided in our specific product warranties, you expressly understand and agree that we and our subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(B) your purchase and use of the Products;
(C) the cost of procurement of substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through or from the System;
(D) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data;
(E) statements or conduct of any third party on or using the System, or providing any services related to the operation of the System;
(F) our actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom;
(G) your failure to protect the confidentiality of any passwords or access rights to your account information;
(H) the acts or omissions of any third party using or integrating with the System or offering products in through the System;
(I) any advertising content or your purchase or use of any advertised or other third-party product or System;
(J) the termination of your account in accordance with these Terms;
(K) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the System;
(L) any action taken in connection with copyright or other intellectual property owners; or
(M) any direct damages in excess of (in the aggregate) of the lesser of
(2) $500.00, and
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
11.7 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(B) Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms or the use of any product or service provided by us that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(C) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, will be held in Los Angeles, California unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(D) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(E) Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(F) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise,
YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(G) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles California.
(H) Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(I) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(J) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(K) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles California for such purpose.
(L) Product Warranty. This Arbitration Agreement and Class Action Waiver is subject to the Product Terms and Warranty.
11.9 Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SYSTEM OR PRODUCT OR ANY PART THEREOF, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PART OF THE SYSTEM OR PRODUCTS.
11.10 Time to Bring a Claim. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the System or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
These Terms are subject to revision. We will notify you of any changes to our Terms by posting the new Terms here: https://konnected.io/terms. After we make the change and we will change the “Effective Date” above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the System. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of the System. Continued use of the System following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
13.1 Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the System and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the System. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
13.2 Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
13.3 Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
13.4 Relationship. Your relationship to us is that of an independent contractor and no agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. We have no special relationship with or fiduciary duty to you.
13.5 Electronic Communication. The communications between you and us use electronic means, whether you use the System or send us emails, or whether we post notices on the System or communicate with you via email. For contractual purposes, you
(B) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
The foregoing does not affect your non-waivable rights. Emails should be sent to our email address above.
13.7 Headings; Construction. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation. The word “including” means “including without limitation.”
13.8 Survival. All provisions of these Terms which by their nature should survive the termination of your user account shall survive such termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, choice of the manner and location of the resolution of disputes, and limitations of liability.
13.9 Copyright/Trademark Information. Copyright © 2017 Konnected Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the System and the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.1 DMCA. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the System who are repeat infringers of intellectual property rights, including copyrights. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
14.2 Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the System infringes a copyright,, and wish to have the allegedly infringing material removed, please send a written notification of copyright infringement containing the following information to the Designated Agent listed below:
(B) Identification of works or materials being infringed;
(C) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
(D) Contact information about the notifier including address, telephone number and, if available, e-mail address;
(E) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
(F) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
14.3 DMCA Notice Address. Please contact the Designated Agent to Receive Notification of Claimed Infringement for us at firstname.lastname@example.org.