Altro Smart, Inc. Terms of Service
Updated: May 1, 2018
This website (the “AltroSmart Site”) is owned and operated by Altrosmart, Inc. and its subsidiaries and affiliates (“AltroSmart,” “us,” “we,” or “our”).
Thank you for purchasing the AltroSmart smart lock (the “AltroSmart Device”). The AltroSmart Device you purchased requires the use of: (1) the software embedded in the AltroSmart Device (the “AltroSmart Firmware”); (2) the AltroSmart mobile application which may be downloaded from the IOS App Store or Android Play Store (the “AltroSmart Application”); and (3) the AltroSmart online services available through the AltroSmart Site and through the AltroSmart Application after you register for your account on the AltroSmart Application (“Account”) and you add each AltroSmart Device you purchased to your Account on the AltroSmart Application (collectively, the “AltroSmart Services”).
You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your country, province, or state of residence to use or access the Site and AltroSmart Services and to enter into this Agreement.
IMPORTANT: THESE TERMS INCLUDE A CLASS ACTION WAIVER [(SECTION 26(b))] [link], A WAIVER OF JURY TRIALS [(SECTION 26(c))] [link], REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES [(SECTION 26)] [link], AND LIMIT THE AMOUNT OF TIME YOU HAVE TO FILE A CLAIM [(SECTION 25)] [link].
1. Your Account
To use the AltroSmart Device and the AltroSmart Services, you must first register for an Account through the Site or the AltroSmart Application.
b. You are responsible for maintaining the confidentiality of the login name and password that you create for your Account. You agree to take reasonable steps to ensure the security of your account, which steps include, without limitation, using strong passwords, not disclosing your password to others, and monitoring your Account.
c. You must notify us of any unauthorized use of your Account, login information or password, and you should immediately change your password to prevent further unauthorized use. You are responsible for all uses of your Account and login information, whether or not such use is authorized by you.
d. Your Account is not transferable. If you transfer your AltroSmart Device to a new owner, or transfer primary control of the AltroSmart Device, the new owner will have to register for his or her own Account to use the AltroSmart Device and AltroSmart Services.
e. Your Account is subject, in our sole discretion, to termination or suspension at any time (see Section 11 below for more details).
2. Proprietary Rights
a. All text, data, pictures, video, images, audio and other material displayed or available through the AltroSmart Site and/or AltroSmart Services, excluding Your Content (as defined in Section 3 below) (collectively “AltroSmart Content”), is the property of AltroSmart, our partners, subsidiaries, affiliates, and licensors, and is protected by copyright laws and other intellectual property laws in United States and elsewhere. Use of the AltroSmart Site or AltroSmart Services does not confer ownership rights to any AltroSmart Content.
b. We reserve all rights in the AltroSmart Site, AltroSmart Services, AltroSmart Content, not expressly granted to you in these Terms.
c. We reserve the right to remove any content, including without limitation, any AltroSmart Content and/or Your Content, from the AltroSmart Site and/or AltroSmart Services at any time for any reason (including, without limitation, intellectual property claims) or no reason at all.
d. AltroSmart or its licensors are the owner of all right, title and interest in and to the AltroSmart Firmware. We reserve all rights not expressly granted to you with respect to the AltroSmart Firmware in these Terms.
e. AltroSmart or its licensors are the owner of all right, title and interest in and to the AltroSmart Application. We reserve all rights not expressly granted to you with respect to the AltroSmart Application in the AltroSmart Application License Agreement.
f. We appreciate when users send us comments, suggestions, ideas, or feedback (collectively “Feedback”) about the AltroSmart Device, AltroSmart Services, AltroSmart Application, AltroSmart Firmware, and/or AltroSmart Content. So that we may incorporate Feedback into the AltroSmart Device, AltroSmart Services, AltroSmart Application, AltroSmart Firmware, AltroSmart Content, and/or any of our other products and services, we may offer to you and/or other users, you agree that AltroSmart alone will own all worldwide right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby irrevocably and unconditionally assign such Feedback and all such rights to AltroSmart free of charge. If such assignment is ineffective under applicable law, you hereby grant to AltroSmart, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
3. Your Content
In the event that you upload, deliver, post, or otherwise make available any text, data, pictures, videos, images, audio, and other material to the AltroSmart Services or AltroSmart Site. (collectively “Your Content”), you hereby grant to AltroSmart a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to fully use (including, without limitation, making derivative works thereof) and distribute Your Content and its derivatives in connection with providing the AltroSmart Services in any media formats and through any media channel. Except for these rights granted to AltroSmart, you retain all rights in and to Your Content. You are solely responsible for Your Content, including without limitation, your uploading, posting, emailing, transmission, disclosure and dissemination of Your Content in connection with your use of the AltroSmart Services and AltroSmart Site, or that you contribute in any manner to the AltroSmart Services or AltroSmart Site. You acknowledge and agree that by posting or sharing Your Content in publicly available areas of the AltroSmart Site or AltroSmart Services, you are permitting AltroSmart and other users to access, use, transmit and otherwise disclose and disseminate Your Content in any manner that AltroSmart or such users choose.
IMPORTANT: YOU ACKNOWLEDGE THAT THE ALTROSMART SERVICES ONLY PROVIDE LIMITED TEMPORARY STORAGE FOR YOUR CONTENT BASED ON THE SUBSCRIPTION SERVICE YOU HAVE PURCHASED FROM ALTROSMART. YOU MAY NOT DOWNLOAD THE ALTROSMART DEVICE GENERATED VIDEO. ALTROSMART WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR CONTENT.
4. Use of the AltroSmart Site and AltroSmart Services
a. Subject to your compliance with these Terms, Altrosmart grants you a non-transferable, non-exclusive, and non-sublicensable right, to: (a) access and use the AltroSmart Site to view the AltroSmart Content for your personal or internal business purposes, and (b) access and use the AltroSmart Services solely for the purpose of controlling and monitoring the AltroSmart Devices that you have been validly authorized to access, and to otherwise access AltroSmart Services explicitly provided by AltroSmart for your use.
b. You acknowledge and agree that the AltroSmart Services will not be accessible without: (i) a working Wi-Fi network in your home that communicates reliably with the AltroSmart Devices (certain AltroSmart Services may work without Wi-Fi); (ii) a valid Account; (iii) mobile clients such as a supported phone, tablet or watch (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by AltroSmart. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the AltroSmart Services may not work as described when the requirements and compatibility have not been met. In the future, AltroSmart may include additional functionality or features that may require additional system elements.
5. AltroSmart Firmware License Terms and Conditions
The AltroSmart Firmware is provided under license and is not sold, notwithstanding the sale of the AltroSmart Device to you. Subject to your compliance with these Terms, AltroSmart grants you a non-transferable (except as otherwise specified hereinbelow), non-exclusive, and non-sublicensable right, to (a) execute and use the AltroSmart Firmware solely on the AltroSmart Device purchased by you for your personal or internal business purposes as permitted by AltroSmart. You agree that you shall not, and shall ensure that no third party, reverse engineers, decompiles, disassembles, or otherwise attempts to derive the source code for the AltroSmart Firmware. No implied licenses are granted with respect to the AltroSmart Firmware. You may transfer to a third party, the AltroSmart Firmware only as part of, and for use as installed on, the AltroSmart Device you purchased, when you transfer such AltroSmart Device to such third party.
6. General Prohibitions
You may use the AltroSmart Firmware, AltroSmart Site, AltroSmart Services and AltroSmart Content, solely for your personal or internal business purposes. You agree to only use the AltroSmart Site and AltroSmart Services for lawful purposes and in a manner that does not infringe, restrict, or inhibit the rights of others or their use and enjoyment of the AltroSmart Site and AltroSmart Services. You may not distribute, modify or make derivative works of the AltroSmart Firmware, AltroSmart Content, AltroSmart Site or AltroSmart Services.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content via the AltroSmart Site or AltroSmart Services that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the AltroSmart Site or AltroSmart Services, or any individual element within the AltroSmart Site or AltroSmart Services, AltroSmart’s name, any AltroSmart trademark, logo or other proprietary information, the AltroSmart Content, or the layout and design of any webpage or form contained on a webpage, without AltroSmart’s express written consent;
- Use the AltroSmart Site or AltroSmart Services in any manner which, in our sole judgment, degrades the user experience, reliability, speed, or operation of the AltroSmart Site or AltroSmart Services, or any underlying hardware or software thereof;
- Access, tamper with, or use non-public areas of the AltroSmart Site or AltroSmart Services, Altrosmart’s computer systems, or the technical delivery systems of Altrosmart’s providers;
- Attempt to probe, scan, or test the vulnerability of any AltroSmart Services, the AltroSmart Site, AltroSmart Device, AltroSmart Firmware, AltroSmart Application, or any AltroSmart system or network or breach any security or authentication measures, or to reverse engineer (except to the extent permitted in Section 23), decompile or otherwise attempt to gain the source code for any AltroSmart Services, AltroSmart Site, Altrosmart Firmware, or AltroSmart Application;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Altrosmart or any of Altrosmart’s providers or any other third party (including another user) to protect the AltroSmart Services, the AltroSmart Site, AltroSmart Device, AltroSmart Firmware, or AltroSmart Application;
- Use the AltroSmart Site or AltroSmart Services to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the AltroSmart Services;
- Collect or store any Personal Information from the AltroSmart Site or AltroSmart Services or from users of the AltroSmart Site or AltroSmart Services without their express written consent;
- Use the AltroSmart Site or AltroSmart Services to impersonate any person or send altered, deceptive or false source-identifying information, or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing
A “guest” is any person or entity that is given authorization by the owner or primary controller of the AltroSmart Device to use the AltroSmart Device or AltroSmart Services. As part of the AltroSmart Services, you may give guests permission levels to access your AltroSmart Device or the AltroSmart Services such as, but not limited to, unlocking and locking your door. Please be careful to only invite trusted guests; by inviting someone to be a guest, you are giving them the authority and ability to access and operate your AltroSmart Device and obtain access to your property. You are responsible for all uses of your Account, irrespective of whether you or your guest gives any third party access to your AltroSmart Device and/or the AltroSmart Services; so be careful to give access only to guests you trust.
IMPORTANT: ALTROSMART IS NOT RESPONSIBLE FOR ANY GUEST’S USE OF ANY ALTROSMART DEVICE OR THE ALTROSMART SERVICES OR ANY PERSONAL INJURY, DEATH, THEFT, PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, TO YOUR HOME), OR OTHER HARM, LOSS, OR DAMAGE ARISING FROM OR RELATING TO ANY GUEST’S ACTS OR OMISSIONS THAT MAY BE CAUSED TO YOU, ALTROSMART, ITS LICENSORS, OR ANY THIRD-PARTY.
9. Third-Party Services
We do not accept responsibility or liability for content posted by third-parties on the AltroSmart Services, including content posted by other AltroSmart Device owners or their guests. We do not exercise control over Third-Party Services. We do not endorse the content contained on Third-Party Services or the third-parties providing such Third-Party Services and are not responsible for the performance of such Third-Party Services or third-parties. You acknowledge and agree that AltroSmart makes no representation or warranty about the safety or reliability of any Third-Party Services.
IMPORTANT: ALTROSMART IS NOT RESPONSIBLE FOR THE RELIABILITY, ACCURACY, OR PERFORMANCE OF THIRD-PARTY SERVICES. ALTROSMART IS NOT RESPONSIBLE FOR DAMAGES, LOSSES, INTERRUPTIONS, OR LIABILITY DUE TO THE OPERATION OR FAILURE OF THIRD-PARTY SERVICES. ALTROSMART IS NOT RESPONSIBLE FOR YOUR USE (OR THE USE BY ANY OF YOUR GUESTS) OF ANY THIRD-PARTY SERVICES OR ANY PERSONAL INJURY, DEATH, THEFT, PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, TO YOUR HOME), OR OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE (OR ANY OF YOUR GUESTS’ USE) OF ANY THIRD-PARTY SERVICES OR THE ACTS OR OMISSIONS OF ANY THIRD-PARTIES PROVIDING SUCH THIRD-PARTY SERVICES.
10. Approved Mobile Devices
Do not use the AltroSmart Services on a mobile device that has a “jail broken” or “rooted” operating system. A jail broken or rooted operating system may potentially allow other applications to circumvent security features on your mobile device and allow third-parties to control your Account, AltroSmart Application, or AltroSmart Device. Any use of jail broken or rooted operating systems is at your own risk. You agree that AltroSmart will not be liable for any loss of functionality, unauthorized or unintended performance or non-performance of the AltroSmart Application, AltroSmart Device, or the AltroSmart Services, and you hereby agree to defend, indemnify, and hold AltroSmart and its subsidiaries and affiliates, and each of AltroSmart’s and its subsidiaries’ and affiliates’ respective directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by AltroSmart or any Indemnified Party arising out of or relating to use of the AltroSmart Services on a mobile device that has a “jail broken” or “rooted” operating system.
11. Termination and AltroSmart Services Changes
You may stop using the AltroSmart Services at any time by deleting your Account through the Altrosmart Application. After you delete your Account, your Personal Information will be deleted within 30 days. You must reset your AltroSmart Device to delete any content related to your use of the AltroSmart Device that is stored on the AltroSmart Device. We reserve the right to suspend or terminate your use of the AltroSmart Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your Account and use of the AltroSmart Services if you are not complying with these Terms or the AltroSmart Application License Agreement, or if you are using the AltroSmart Services in any way that would cause us legal liability or disrupt other users’ use of the AltroSmart Services. We may also change or remove at any time any features currently offered as part of the AltroSmart Services, or the technology used to provide the AltroSmart Services, or the AltroSmart Services themselves. Upon termination, your Account and right to use the AltroSmart Services will automatically terminate. The following Sections will survive notwithstanding any termination of this Agreement: 2, 6, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27.
12. Use Outside of Designated Countries
Although the AltroSmart Site is accessible worldwide, this does not mean that the AltroSmart Device and AltroSmart Services are available in all locations. AltroSmart may restrict access to the AltroSmart Services in certain countries or locations. Currently, the AltroSmart Device is available through AltroSmart authorized resellers only in the following countries: United States [and its territories], Canada, and Mexico, the Middle East, and Asia. It is your responsibility to ensure that your use of the AltroSmart Services and AltroSmart Device are legal in your country, province, or state. To the fullest extent permitted by law, AltroSmart accepts no responsibility or liability for any damage or loss caused by your access or use of any AltroSmart Services or AltroSmart Device in a location where AltroSmart Devices are not authorized for sale by AltroSmart.
IMPORTANT: The ALTROSMART DEVICE is not an ANSI or BHMA certified door lock and must be correctly installed and used with a certified door lock that is operating in good condition. The ALTROSMART DEVICE and ALTROSMART SERVICES are not a home alarm, monitoring, or security system. The ALTROSMART DEVICE and ALTROSMART SERVICES are not an emergency notification system. ALTROSMART is not responsible for preventing criminal activity or for dispatching emergency authorities to your home in the event of an emergency or an unauthorized use of the ALTROSMART DEVICE or ALTROSMART SERVICES. This warranty does not apply to, and the ALTROSMART DEVICE and ALTROSMART SERVICES should not be used as a replacement for, your door lock, home alarm, monitoring or security systems. You assume all risk associated with the suitability, installation and performance of the door lock and other third party components, hardware, software and services that you select, including your home alarm, monitoring and security systems.
Our aim is to make the AltroSmart Services available; however, the AltroSmart Services may not be available all the time. The AltroSmart Services may be subject to interruptions and failures for a variety of reasons beyond AltroSmart’s reasonable control, including without limitation, your Wi-Fi or mobile network failures, coverage limitations, and AltroSmart Services provider uptime. Notwithstanding anything in these Terms to the contrary, AltroSmart will have no responsibility or liability of any kind whatsoever arising or resulting from: (a) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by AltroSmart; (b) nonconformities resulting from your, your guests’, or any third party’s, misuse, abuse, negligence, or improper or unauthorized use of all or any part of the AltroSmart Services, AltroSmart Device, or AltroSmart Application; (c) modification, amendment, revision, or change to the AltroSmart Services, AltroSmart Device, or AltroSmart Application by any person other than AltroSmart; or (d) any other factor outside of AltroSmart’s reasonable control, including acts of God.
14. Warranty Disclaimer
(a) THE ALTROSMART SITE AND ALTROSMART SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALTROSMART, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, INTEGRATION, TITLE, AND NON-INFRINGEMENT.
ALTROSMART, ITS LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE ALTROSMART SITE OR ALTROSMART SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (IV) WILL BE ACCURATE OR RELIABLE; OR (V) WILL FUNCTION IF YOU FAIL TO FOLLOW INSTRUCTIONS RELATING TO THE ALTROSMART DEVICE’S INSTALLATION AND/OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTROSMART OR THOUGH THE ALTROSMART SERVICES SHALL CREATE ANY WARRANTY.
(b) ALTROSMART MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE ALTROSMART SITE OR ALTROSMART SERVICES, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE ALTROSMART SITE OR ALTROSMART SERVICES. ALTROSMART MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF THIRD-PARTY SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE ALTROSMART SITE OR ALTROSMART SERVICES.
(c) YOU ASSUME ALL RESPONSIBILITY FOR GUESTS OR ANY THIRD-PARTY’S USE OF YOUR ALTROSMART DEVICE OR YOUR ACCOUNT ON THE ALTROSMART SERVICES. YOU ARE SOLELY LIABLE FOR ANY AND ALL SUCH USE, AND ANY AND ALL PERSONAL INJURY, DEATH, THEFT, PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, TO YOUR HOME), OR OTHER HARM, LOSS, OR DAMAGE ARISING FROM OR RELATING TO SUCH USE THAT MAY BE CAUSED TO YOU, ALTROSMART, ITS LICENSORS, OR ANY THIRD-PARTY.
(d) ALTROSMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH, OR IN CONNECTION WITH, THE ALTROSMART DEVICE OR ALTROSMART SERVICES. ALTROSMART IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.
15. Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTROSMART AND ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “ALTROSMART PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF, DAMAGE TO, OR REPLACEMENT OF, PROPERTY OR SERVICES, OR FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF USE OR DATA, BUSINESS, OR PROFITS, RESULTING FROM ANY BREACH OF THIS AGREEMENT, OR THE USE OR NON-USE OF THE ALTROSMART FIRMWARE, ALTROSMART APPLICATION, ALTROSMART SITE, ALTROSMART SERVICES, ALTROSMART CONTENT, OR ALTROSMART DEVICE, UNDER ANY LEGAL THEORY, WHETHER OR NOT ALTROSMART HAS BEEN WARNED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(b) IMPORTANT: ALTROSMART does not represent that the ALTROSMART DEVICE may not be compromised or circumvented; that the ALTROSMART DEVICE will prevent any personal injury (including death) or property loss; or that the ALTROSMART DEVICE will in all cases provide adequate protection or any warning. You understand that the ALTROSMART DEVICE may be interrupted, circumvented, or otherwise compromised, including, without limitation, as a result of equipment designed or used by a third party for the purpose of gaining unauthorized access to or otherwise affecting or controlling the ALTROSMART DEVICE (including any camera).
(d) THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold AltroSmart and AltroSmart Parties, and their respective suppliers and licensors, harmless from and against any and all damages, claims, actions or demands, liabilities and settlements including, without limitation, legal and accounting fees, resulting from, or alleged to result from, (i) your or your guests’ use of the AltroSmart Services, Altrosmart Device, or AltroSmart Application, including without limitation, yours or your guests’ negligence or willful misconduct, (ii) your or your guests’ violation of law or any third-party right, (iii) your or your guests’ violation of these Terms, or (iv) Your Content. Altrosmart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without AltroSmart’s prior written consent.
17. Revisions and Modifications to Terms
You agree that AltroSmart may revise these Terms from time to time, and that your right to access the AltroSmart Site and AltroSmart Services is conditioned upon, on an ongoing basis, your compliance with the then-current version of these Terms. If we make material changes to these Terms, then we will notify you by posting the revised Terms on the AltroSmart Site, within the AltroSmart Application, or by sending you an e-mail at the most recent email address you provided in your Registration Information. The revised Terms will be effective upon posting (unless otherwise indicated at the time of posting) or when sent via email. By continuing to access the AltroSmart Site or AltroSmart Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the AltroSmart Site and AltroSmart Services.
Altrosmart employees are not authorized to modify these Terms. These Terms may be modified only by obtaining our written consent in an agreement signed by an AltroSmart officer; or through revisions as stated in this Section.
19. Entire Agreement/Severability
These Terms constitute the entire agreement between you and Altrosmart regarding the use of the AltroSmart Site, AltroSmart Content, AltroSmart Firmware, and AltroSmart Services. Any failure by Altrosmart to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
20. Force Majeure
Except for the payment of amounts owed to AltroSmart, neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Altrosmart may provide notifications to you as required by law or for marketing or other purposes via email to the primary email associated with your account, hard copy, or posting of such notice on the AltroSmart Services. Altrosmart is not responsible for any automatic filtering you or your network provider may apply to email notifications.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without AltroSmart’s prior written consent, and any such assignment or transfer shall be null and void. These Terms may be assigned or transferred by AltroSmart without restriction. These Terms are binding upon any successors and permitted assigns.
23. Reverse Engineering
You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the AltroSmart Firmware, AltroSmart Content, or AltroSmart Services or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may reverse engineer but solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with the AltroSmart Device, AltroSmart Services, Altrosmart Firmware, or AltroSmart Content, to the limited extent permitted by applicable law, but only if: (a) reverse engineering is strictly necessary to obtain such information; and (b) you have first requested such information from AltroSmart and AltroSmart failed to make such information available under reasonable terms and conditions. Any information supplied to or obtained by you under this section is confidential information of AltroSmart subject to the confidentiality restrictions provided with such confidential information and may only be used by you for the purpose described in this section, and will not be disclosed to any third-party or used to create any software which is substantially similar to the expression of, or competitive with, the AltroSmart Devices, AltroSmart Firmware, AltroSmart Content, AltroSmart Services, or AltroSmart Site.
- (a). If you are a California resident, then in accordance with Cal. Civ. Code §1789.3, You may report any complaints to the Complaint Assistance Unit of the Division of Consumer AltroSmart Services of the Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
- (b). Neither party is an agent or partner of the other party.
- (c). The headings and section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that these Terms will not be construed against AltroSmart by virtue of having drafted them.
- (d) As used in these Terms, the word “including” means “including but not limited to.”
25. Limitation on Bringing Claims
You agree that, unless prohibited by applicable law, any claim or cause of action arising out of or related to these Terms or the use or non-use of the AltroSmart Device, AltroSmart Firmware, AltroSmart Content, AltroSmart Services, or AltroSmart Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
26. Governing Law, Arbitration, and Class Action Waiver
- (a) If you acquired the AltroSmart Device from an authorized reseller in a country or territory listed below, this table identifies your AltroSmart “Contracting Entity,” the law that governs the AltroSmart Device, AltroSmart Firmware, AltroSmart Content, AltroSmart Services, and AltroSmart Site, and the specific arbitration venue that have exclusive jurisdiction over any claim arising under these Terms. Except as otherwise specified below, you and the AltroSmart Contracting Entity agree to arbitrate any and all disputes in any way related to these Terms and the AltroSmart Device, AltroSmart Firmware, AltroSmart Content, AltroSmart Services, and AltroSmart Site by final and binding arbitration as set forth below.
AltroSmart Contracting Entity
16192 Costal Highway,
Lewes, DE 19958
Country or Territory
United States and its territories, Canada, and Mexico
State of California, United States of America
The arbitration will be heard at JAMS offices in Santa Clara County, California in accordance with JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of the arbitration.
Important: If you acquired the AltroSmart Device in any country or territory other than the countries or territories listed above, please note that your acquisition of the AltroSmart Device is unauthorized and you may not use the AltroSmart Firmware, AltroSmart Content, AltroSmart Services, or AltroSmart Site, in connection with such unauthorized AltroSmart Device.
(b). You waive all rights to bring a class action against AltroSmart, or to serve as a representative of a class in a class action against AltroSmart, whether in arbitration or in court.
(c). You waive all rights to a jury trial.
(d). These Terms and the AltroSmart Device, AltroSmart Firmware, AltroSmart Content, AltroSmart Services, and AltroSmart Site will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction in the United States.
(e). All proceedings will be held and a transcribed record prepared in English. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be as indicated below. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing nothing in these Terms will be deemed to prevent AltroSmart from seeking injunctive relief (or any other provisional remedy) from any court of competent jurisdiction as necessary to protect its rights pursuant to these Terms or its intellectual property rights. The prevailing party in any suit will recover its reasonable attorney’s fees and costs, including expert costs, from the other party. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, must be kept confidential unless otherwise required by applicable law.
(f). In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
27. Legal Effect.
These Terms describe certain legal rights. You may have other rights under the laws of your state or country. These Terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
28. Contact Us
In the event of any questions or comments or to request further information, we may be contacted at AltroSmart Inc., 16192 Coastal Highway, Lewes, DE 19958 or by email at email@example.com with the subject line: Terms of Service.