TERMS OF SERVICE
These Terms of Service (these “Terms”) govern your access to and use of Services provided by Spectrum Brands, Inc. d/b/a “Kwikset” and/or “Weiser” and their subsidiaries and affiliates and, collectively, (“Kwikset/Weiser”). As used herein, “Services” means (a) the website(s) located at or via www.goconcourse.com (the “Site(s)”), (b) cloud services accessible through the Site, Kwikset/Weiser mobile applications (“App(s)”), and Kwikset/Weiser wifi- and/or Bluetooth- enabled lock or other Kwikset/Weiser product (“Product(s)”), and (c) use and/or access of the Product, Site, and/or App(s) via your Device(s).
THESE TERMS ARE A BINDING LEGAL CONTRACT. BY ACCEPTING THESE TERMS THROUGH THE SITE OR APP, SETTING UP A USER ACCOUNT, AND/OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITE(S) AND/OR APP(S)), YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING OR USING THE SERVICES.
ADDITIONAL TERMS AND POLICIES; CHANGES/UPDATES.
Kwikset/Weiser may update these Terms at any time by posting the new version of the Terms on the Site, or in the Apps. You should ensure that you have read and agree with the most recent Terms when you use the Services and Products. By continuing to use the Services after updates become effective, you agree to be bound by the updated Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU MUST STOP USING THE SERVICES. Kwikset/Weiser employees are not authorized to vary these Terms. These Terms may be modified only (a) by obtaining Kwikset/Weiser’s written consent in an agreement signed by a duly-authorized officer of Kwikset/Weiser; or (b) as set forth in this paragraph.
USE OF SERVICES.
Subject to these Terms, you may access and use the Services in connection with, and solely for the purpose of, controlling and monitoring the Product installed on your property, or that you have been validly authorized to access, or to otherwise access a Service provided by Kwikset/Weiser for your personal, non-commercial use. You agree to comply with all instructions, usage rules and documentation Kwikset/Weiser provides from time to time with respect to the Services.
Kwikset/Weiser reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Kwikset/Weiser will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof. Kwikset/Weiser may also change or remove at any time any features currently offered as part of the Services, or the Services themselves.
You are required to create a user account (“Account”) and provide certain information about yourself to access certain Services. You represent and warrant that all information you provide to Kwikset/Weiser is accurate and complete, and you agree to update your Account information as necessary, including your correct email address, so that Kwikset/Weiser may send you notifications and other account-related communications. You are solely responsible for maintaining the accuracy and confidentiality of your Account login information, and for all activities that occur under your Account, whether or not authorized by you. You agree to use strong and non-obvious passwords (e.g. that contain a combination of upper and lower case letters, numbers and symbols), with your Account and to maintain the confidentiality of your Account password. Kwikset/Weiser also recommends that you utilize appropriate security protocols on any Device(s) used to access the Services. You must notify Kwikset/Weiser immediately of any unauthorized use of your Account, login information or password, and you should immediately change your password to prevent further unauthorized use.
PRODUCT REGISTRATION AND AUTHORIZED USERS.
In order to use Services to operate a Product, the Product owner (“Owner”) must register the Product with the Owner’s Account. An Owner has three options for authorizing third parties (each, an “Authorized User”) to access the Owner’s Products and associated Services, each with a different level of access:
Administrator – An Administrator must be invited by the Owner to access the Owner’s Product and will be prompted to create an Account. An Administrator has the ability to monitor and control the Product, change Product access codes, view Owner Account information, and invite other Authorized Users.
Member – A Member must be invited by the Owner or an Administrator to access the Owner’s Product and will be prompted to create an Account. A Member has the limited ability to operate the Product through the App, but may not change Product access codes, view Owner Account information, or invite other Authorized Users.
Guest – An Owner or Administrator may use the Services to send a Product access code to a Guest via email or SMS. A Guest is not required to create an Account and does not have remote access to the Product or Services.
Authorized Users should be aware that the Owner and any Administrator of the Product may see information about their use of and access to the Product and Services, and may revoke or limit access rights in their discretion, without notice. If you have received an invitation to become an Authorized User and do not want to access the Product or Services, you must decline the invitation and must not use the Services.
These Terms apply to all use of the Services by Authorized Users. The Owner shall be fully responsible for managing access levels, settings, and permissions granted to Authorized Users, as well as all actions taken by Authorized Users and unauthorized users relating to the Owner’s Products, Services and property, as well as the Site. The Owner shall indemnify and hold harmless Kwikset/Weiser from any and all costs, damages, losses or expenses incurred in respect of such Authorized Users. If you are an Owner, you should only authorize those individuals whom you trust to access your Product(s) and the Services. If you transfer ownership of your Product to a new Owner, please note that your Account is not transferable, and the new Owner will have to register for a separate account in order to use the Services.
You agree not to: (a) use the Services for any illegal purpose or in violation of any local, state, provincial, federal, national, or international laws; (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; (c) transmit content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; (d) intimidate or harass another through the Services; (e) impersonate another person or entity, misrepresent your affiliation with a person or entity, or attempt to use another’s Account or personal information without authorization when using the Services; (f) use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; (g) use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server; (h) resell, rent, lease, transfer, assign, distribute, host or otherwise make commercial use of the Services; (i) modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services; (j) access the Services in order to build a similar or competitive service or product; (k) access (or attempt to access) any of the Services by means other than through the interface that is provided by Kwikset/Weiser, or (l) attempt to, or encourage or enable any other individual to, do any of the foregoing.
THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES.
You shall not interface or attempt to interface the Services with any Third-Party Service that has not been authorized by Kwikset/Weiser.
The materials and intellectual property incorporated in the Services, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (“Content), are owned by Kwikset/Weiser, licensed to Kwikset/Weiser, or used with permission subject to copyright and other intellectual property rights. Content does not include information provided by you. The availability of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content, through the use of framing or otherwise, without Kwikset/Weiser’s prior written permission or that of such third party that may own the Content. Any use of third-party trademarks in the Services are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on Kwikset/Weiser’s part should be inferred from such use.
Kwikset/Weiser welcomes your reviews, feedback, and other communications, through various forms of media including but not limited to through the Site, so long as such communications comply with these Terms. You grant Kwikset/Weiser a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, translate, and distribute reviews, feedback and other communications you provide, submit or post to public areas of the Site(s) (such as forums and review sections) (“Feedback”) and to prepare derivative works based on, or incorporate into other works, such Feedback, with or without attribution. You understand that your Feedback may be visible to, sent to, and viewed by others, and you expressly waive any privacy rights you may otherwise have to such Feedback. You are solely responsible for your Feedback and for the resolution of any disputes that arise because of your Feedback. You shall defend, indemnify, and hold Kwikset/Weiser harmless from all such disputes. Kwikset/Weiser reserves the right to review, edit and/or delete any Feedback for any or no reason, in its sole discretion. Likewise, Kwikset/Weiser does not undertake to delete and/or edit any Feedback, except as required by law or as otherwise outlined herein.
It is Kwikset/Weiser’s policy to respond to notices of alleged infringement on the Site in cases where the Digital Millennium Copyright Act (“DMCA”) applies. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under United States copyright law, you must submit a notification to Kwikset/Weiser’s Copyright Agent (listed below). Your notification must include:
Your physical or electronic signature;
A description of the copyrighted work(s) that you claim has been infringed;
A description of the location on the Site of the material that you claim to be infringing;
Your name, address, telephone number, and email address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
Kwikset/Weiser’s Copyright Agent can be reached as follows:
Spectrum Brands Holdings, Inc.
3001 Deming Way
Middleton, WI 53562-1431
By Email: firstname.lastname@example.org
Upon receipt of a valid notification of alleged copyright infringement by a third party, Kwikset/Weiser’s policy is to remove or disable access to the material identified in the notice, forward the written notice to the alleged infringer, and take reasonable efforts to notify the alleged infringer that the material has been removed or disabled.
If a notice of copyright infringement has been filed against you, you may file a counter notification with Kwikset/Weiser’s Copyright Agent at the address listed above. To be effective, a counter notification must be a written communication provided to Kwikset/Weiser’s Copyright Agent that includes the following:
Your physical or electronic signature;
A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
Your name, address, telephone number, and email address; and
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, Kwikset/Weiser may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, 10 business days after receipt of the counter notification, in Kwikset/Weiser’s sole discretion.
It is Kwikset/Weiser’s policy to terminate the account and/or usage privileges of any person who has been determined to be a repeat infringer in accordance with the DMCA.
These Terms remain in effect as long as you and/or any Authorized User(s) and/or any unauthorized user(s) of your Device(s) continue to access or use the Services, or until terminated as provided in these Terms. To the fullest extent permitted by applicable law, Kwikset/Weiser reserves the right to suspend or terminate your access to or use of the Services at any time, with or without cause, and with or without notice. For example, Kwikset/Weiser may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that may cause Kwikset/Weiser legal liability or disrupt others’ use of the Services. Upon termination, your Account and right to use the Services will automatically terminate.
You agree to indemnify, defend (using counsel reasonably acceptable to Kwikset/Weiser) and hold harmless Kwikset/Weiser, including its agents, affiliated companies, employees, contractors, directors, officers, licensors and suppliers (collectively, the “Kwikset/Weiser Parties”), from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to your or your Authorized Users’ (a) use or misuse of the Products, Software, Site or Services, including without limitation your negligence or willful misconduct, (b) violation of these Terms, or (c) violations of law or any rights of a third party, or any allegation thereof. Kwikset/Weiser reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. You shall not settle any such claim without Kwikset/Weiser’s prior written consent.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. A PORTION OR ALL OF THE FOLLOWING DISCLAIMERS MAY THEREFORE NOT APPLY TO YOU.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES RELATING TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, TIMELINESS, DURABILITY, QUALITY, AND ACCURACY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE KWIKSET/WEISER PARTIES (a) HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU OR OTHER USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS SECURE FROM HACKING, VIRUSES OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR DATA WILL REMAIN PRIVATE OR SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KWIKSET/WEISER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
KWIKSET/WEISER DOES NOT WARRANT THE ACCURACY, INTEGRITY, LEGALITY OR COMPLETENESS OF THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY CONTENT RELATING TO PRODUCTS OR SERVICES OFFERED FOR SALE BY KWIKSET/WEISER. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE AND/OR THE APP IS AT YOUR SOLE RISK. KWIKSET/WEISER 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 PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, “THIRD PARTY SERVICES” CONNECTED THROUGH THE KWIKSET/WEISER SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KWIKSET/WEISER WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.
LIMITATIONS OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. A PORTION OR ALL OF THE FOLLOWING LIMITATIONS MAY THEREFORE NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE KWIKSET/WEISER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, PRIVACY, INFORMATION SECURITY, YOUR RELIANCE ON THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IF THE KWIKSET/WEISER PARTIES SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THESE TERMS OR OTHERWISE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO USD $100.00 WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE KWIKSET/WEISER PARTIES. IN THE EVENT THE CLASS ACTION WAIVER PROVIDED UNDER SECTION 12 IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY A COURT, ARBITRATOR, OR OTHER TRIBUNAL OF COMPETENT JURISDICTION, THEN KWIKSET/WEISER’S MAXIMUM LIABILITY SHALL BE REDUCED TO USD $100.00.
THE LIABILITIES LIMITED BY THIS SECTION APPLY: (a) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, EXTRA-CONTRACTUAL LIABILITY, STRICT PRODUCT LIABILITY, OR OTHERWISE; (b) EVEN IF KWIKSET/WEISER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (c) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, these Terms will be deemed entered into in the State of Delaware and will be governed by and construed according to the internal laws of the State of Delaware applicable to agreements executed and to be performed entirely within Delaware, without regard to conflict of law principles, rules, or laws. You agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed.
Before bringing a formal legal proceeding, you agree to contact Kwikset/Weiser in writing to try to resolve any disputes informally. In the event you and Kwikset/Weiser are unable to come to a resolution informally, you and Kwikset/Weiser each agree that any dispute arising out of, or relating to, these Terms, or your use of the Services, Software and Product (including the arbitrability of any claim or dispute and the enforceability of this section), shall be determined exclusively by final and binding arbitration, provided however, that the terms of this arbitration section do not apply to (a) determinations as to the intellectual property rights in the Services, Software or Product, or (b) claims that qualify to be resolved in small claims court. The arbitration shall be conducted before a single arbitrator under the American Arbitration Association’s (AAA’s) Consumer Arbitration Rules and conducted in Wilmington, Delaware, USA. The AAA rules are available at http://www.adr.org or by calling 1-800-778-7879. You and Kwikset/Weiser are each responsible for their respective costs relating to counsel, experts, and witnesses, and any other costs relating to the arbitration. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The Federal Arbitration Act, 9 U.S.C. 1, et seq. (the “FAA”) governs the interpretation and enforcement of this agreement to arbitrate. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. Except as expressly set forth in this section, you and Kwikset/Weiser may litigate in court only to compel arbitration under these Terms or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms in any manner which violates or may violate Kwikset/Weiser’s or any of its licensor’s rights, or may cause continuing or irreparable harm to Kwikset/Weiser, Kwikset/Weiser may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction, and you waive the requirement of the posting of a bond. This provision only applies to the extent permitted by applicable law.
CLASS ACTION WAIVER.
To the fullest extent permitted by applicable law, both you and your affiliates, successors and assigns, including without limitation, Authorized Users, on the one hand, and Kwikset/Weiser, on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only, and not as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator may not consolidate more than one person’s claims into a single case, and may not otherwise preside over any form of a consolidated, class or representative proceeding or claims unless both you and Kwikset/Weiser specifically agree to do so following initiation of the arbitration. The arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, and not other Kwikset/Weiser end users, and cannot be used to decide disputes with other Kwikset/Weiser end users.
These Terms, together with all other documents or terms incorporated by reference herein, constitute the entire agreement between you and Kwikset/Weiser regarding the use of the Services. Any failure by Kwikset/Weiser 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 fullest extent permitted applicable by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
The obligations in Sections 5, 7, 10, 11, 12, 13, 14, and 15 will survive any expiration or termination of these Terms.
Except for the payment of fees due under these Terms, if any, 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.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Kwikset/Weiser’s prior written consent. These Terms may be assigned by Kwikset/Weiser without restriction. These Terms are binding upon any permitted assignee.
The parties have expressly requested that these Terms and related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes modalités et les documents y afférant soient rédigés en langue anglaise.