Terms and Conditions
Citicoco is one of the product divisions of Act Earth Wise LLC, a company incorporated under the laws of Washington State and its subsidiaries and affiliates (collectively,“Act Earth Wise”) provides a website that may be accessed at www.kinyotech.com (each a “Site”), all for use in conjunction with our third party products (“Products”) and in other ways that Act Earth Wise provides.
These Terms of Service (“Terms”) govern your access to and use of the Products. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
Act Earth Wise may change, modify and update these Terms at any time. You should ensure that you have read and agree with the current Terms when you use the Products. Your continued use of the Products following the posting of changes of the Terms shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms.
BY ACCESSING AND USING THE PRODUCTS (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. 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 JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCTS.
Privacy Policy
The protection of personal information is important to us and we take care to protect the personal information you provide us. Act Earth Wise’s Privacy Policy is available at www.Act Earth Wise.com. Certain features of the Products may be subject to additional guidelines, terms, or rules, which will be posted on the Product in connection with such features.
THE PRIVACY POLICY AS WELL AS ALL ADDITIONAL GUIDELINES, TERMS AND RULES POSTED IN CONNECTION WITH THE PRODUCTS, ARE INCORPORATED BY REFERENCE INTO THESE TERMS AND YOU ARE AGREEING TO ACCEPT AND ABIDE BY THEM BY USING THE PRODUCTS.
Access to Service
(a) Privacy Policy. Please review the Privacy Policy. The Privacy Policy describes practices regarding the information that Act Earth Wise may collect from users of the Products and Products, including any Content or User Submissions.
(b) Security. Act Earth Wise cares about the integrity and security of your personal information. However, Act Earth Wise cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(c) Modification. Act Earth Wise reserves the right, at any time, to modify, suspend, or discontinue the Products or any part thereof with or without notice. You agree that Act Earth Wise will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Products or any part thereof.
(d) Access Outside Certain Countries. Although the Sites is accessible worldwide, the Products are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Act Earth Wise supports the Product and Products, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that Product and Products may not work or be appropriate for use in such a country. To the extent permissible by law, Act Earth Wise accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Act Earth Wise Products outside a country in which Act Earth Wise supports the Product and Products. You will be bound by these Terms wherever you access or use the Sites or use the Products.
Usage and Limitations
(a) Intended Use of Act Earth Wise Products. The Products are intended to be accessed and used for non-time-critical information and control of Act Earth Wise products. While we aim for the Products to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products are subject to sporadic interruptions and failures for a variety of reasons beyond Act Earth Wise’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Act Earth Wise is not responsible for any damages allegedly caused by the failure or delay of the Products to reflect current status or notifications.
(b) Temporary Suspension. The Products 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. Act Earth Wise does not offer any specific uptime guarantee for the Products.
(c) The Products provide you information (“Product Information”) regarding the Products in your home and their connection with other products and Products. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
(d) All information publicly posted or privately transmitted through the Products is the sole responsibility of the person from which such Content originated and Act Earth Wise will not be liable for any errors or omissions in any Content. Act Earth Wise cannot guarantee the identity of any other users with whom you may interact in the course of using the Products. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Products is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Content through the Products.
(e) You warrant, represent and agree that you will not contribute any Content or otherwise use the Products in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Act Earth Wise; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Act Earth Wise Account or anyone else’s Account (such as allowing someone else to log in to the Products as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Products, or any processes that otherwise interfere with the proper working of the Products (including by placing an unreasonable load on the Products’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products.
Intellectual Property Rights
(a) Act Earth Wise Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and Products (i.e., the Sites, Website Products) are owned by Act Earth Wise or its affiliates or our licensors. Your possession, access, and use of the Product and Products do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Act Earth Wise and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Products are licensed to you, not sold, under these Terms.
You may only copy parts of the Products (including this Site) on to your own computer for your own personal use. You may not use the content of the Products in any other public or commercial way nor may you copy or incorporate any of the content of the Products into any other
Indemnity
You agree to defend, indemnify and hold Act Earth Wise and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your use of the Products or Products. Act Earth Wise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Act Earth Wise and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Act Earth Wise’s prior written consent. Act Earth Wise will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty Disclaimers
(a) THE WARRANTY FOR THE PRODUCT ARE SET FORTH IN THE LIMITED WARRANTY.
(b) THE PRODUCTS ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND ACT EARTH WISE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) ACT EARTH WISE AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS.
(d) ACT EARTH WISE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT BEYOND THE 12 MONTH SERVICE AGREEMENT.
Limitation of Liability
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (i) ACT EARTH WISE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR THE PRODUCTS, EVEN IF ACT EARTH WISE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) ACT EARTH WISE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO ACT EARTH WISE OR ACT EARTH WISE’S AUTHORIZED RESELLER FOR THE PRODUCTS OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). ACT EARTH WISE DISCLAIMS ALL LIABILITY OF ANY KIND OF ACT EARTH WISE’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL ACT EARTH WISE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS.
Term and Termination.
These Terms will remain in full force and effect so long as you continue to access or use the Products. If you transfer a Product to a new owner, your right to use the Products with respect to that Product automatically terminates, and the new owner will have no right to file a customer service claim.
Dispute Resolution
(a) Contact Act Earth Wise first. If a dispute arises between you and Act Earth Wise, our goal is to learn about and address your concerns. You agree that you will notify Act Earth Wise about any dispute you have with Act Earth Wise regarding these Terms or our Products or Products.
(b) Dispute Resolution and Governing Law. Any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products or Products, shall be governed in all respects by the State of Washington.
Miscellaneous
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Act Earth Wise regarding the use of the Products. Any failure by Act Earth Wise to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. 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. Neither party is an agent or partner of the other party.
(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Act Earth Wise’s prior written consent. These Terms may be assigned by Act Earth Wise without restriction. These Terms are binding upon any permitted assignee.
(c) Notifications. Act Earth Wise may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on service@citicoco.com.