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Terms of Use

Last Updated: December 1, 2023.

The following Terms of Use (the “Terms of Use”) constitutes a binding agreement between you and KoreLock, Inc. (“Company,” “us” or “we” or “our”), with respect to your use of our KoreLock Admin App (“App”), and the services available on the App, including any Content (as defined in Section 2 below) (collectively, the App and Content are hereinafter referred to as the “Offerings”).

 

BY DOWNLOADING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACKNOWLEDGE THESE TERMS OF USE AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE OFFERINGS.

 

THESE TERMS OF USE INCLUDE YOUR AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE APP, OFFERINGS, AND/OR THESE TERMS OF USE TO MANDATORY ARBITRATION/BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 9.2 (ARBITRATION AGREEMENT) BELOW. YOU HAVE 30 DAYS TO OPT OUT. IF YOU WISH TO OPT OUT, PLEASE FOLLOW THE INSTRUCTIONS IN SECTION 9.2.

 

1.         Offerings. Company provides a mobile App to allow users to access and control smart locks.

 

1.1       Changes to the Offerings. We may, from time to time in our sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features to our Offerings (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Offerings. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Offerings. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion thereof (including Content) at any time. You agree we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

 

1.2       No Guarantee. Although we work hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Offerings.

 

1.3       Temporary Interruptions. You understand and agree that temporary interruptions of the Offerings may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on the App are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

2.         Scope of and Restrictions on Use. Subject to these Terms of Use, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Offerings for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Offerings (collectively, the “Content”), and (b) download and install the App on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Company. You agree not to:

 

  • Collect information from the Offerings using an automated software tool or manually on a mass basis;

  • Use automated means to access the Offerings, or gain unauthorized access to the Offerings or to any account or computer system connected to the Offerings;

  • Obtain, or attempt to obtain, access to areas of the App or our systems that are not intended for access by you;

  • "Flood” the Offerings with requests or otherwise overburden, disrupt, or harm the Offerings or our systems;

  • Restrict or inhibit other users from accessing or using the Offerings;

  • Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the App or in the Content;

  • Access or use the Offerings or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein;

  • Copy the App (except to install it on your Mobile Devices);

  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time, except that you may invite others to download the App; or

  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

3.         Company Intellectual Property.

 

3.1       Ownership. The Offerings (including the Content) are owned by Company and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the App are registered and unregistered marks of Company and its licensors. The App is licensed, and not sold to you. You acknowledge and agree that, as between you and Company, Company is and shall remain the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

 

3.2       No Warranty for Third-Party Infringement. We do not warrant or represent that your use of materials displayed on, or obtained through the Offerings will not infringe the rights of third parties.

 

3.3       Account Registration and Security. Access to and use of certain Offerings may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities.  You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Company of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

 

4.         Privacy Notice. You acknowledge and agree that all information collected by Company is subject to our Privacy Notice. By using the Offerings, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.

 

5.         Third-Party Websites. The App may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites; nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the App or party by us, or any warranty of any kind, either express or implied.

 

6.         Disclaimer.  ALL OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:  (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE APP FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

YOU ACKNOWLEDGE THAT YOU AND NOT THE COMPANY ARE SOLELY RESPONSIBLE FOR YOUR USE AND ACTS RELATED TO THE OFFERINGS.  

 

THE OFFERINGS CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING BURGLARIES. COMPANY MAKES NO GUARANTEE OR WARRANTY THAT THE OFFERINGS WILL DETECT OR AVERT SUCH INCIDENTS. YOU RELEASE, WAIVE, DISCHARGE, AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST COMPANY FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO THE OFFERINGS.

 

THE OFFERINGS ARE NOT AN ACTUAL DOOR LOCK AND ARE NOT CERTIFIED BY ANY ORGANIZATION AS A DOOR LOCK. THE OFFERINGS IS AN APPLICATION AND RELATED CONTENT FOR A DOOR LOCK. THE APP MUST BE CORRECTLY INSTALLED AND USED WITH A CERTIFIED DOOR LOCK THAT IS OPERATING IN GOOD CONDITION. 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.

 

YOU ACKNOWLEDGE THAT THE OFFERINGS (1) ARE NOT INTENDED OR CERTIFIED FOR EMERGENCY NOTIFICATION OR RESPONSE, AND (2) ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. COMPANY DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL HAVE NO OBLIGATION TO DISPATCH OR CAUSE TO BE DISPATCHED EMERGENCY AUTHORITIES TO THE LOCATION THE DOOR LOCK IS INSTALLED OR ANY OTHER LOCATION IN THE EVENT OF AN EMERGENCY. THE OFFERINGS ARE NOT INTENDED FOR USE AS A LIFE-SAVING SOLUTION FOR PERSONS AT RISK AT THE LOCATION WHERE THE DOOR LOCK IS INSTALLED OR OTHERWISE. YOU SHALL NOT USE OR RELY ON THE OFFERINGS FOR ANY SUCH EMERGENCY OR LIFE-SAVING PURPOSE, AND ANY SUCH EMERGENCY EVENTS SHOULD BE DIRECTED TO THE APPROPRIATE RESPONSE SERVICES.

 

THE OFFERINGS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE OFFERINGS AT ANY TIME WITHOUT NOTICE. THE CONTENT AVAILABLE ON THE OFFERINGS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

 

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PART OR PARTS OF THE OFFERINGS INCLUDING THE CONTENT THROUGH THIS THE APP IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE OFFERINGS, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

7.         Notice Regarding Apple. The following additional terms and conditions apply to use of the App on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Company acknowledge that these Terms of Use are concluded between you and Company only, and not with Apple, and Apple is not responsible for the App or the Content thereof. You agree that your license to use the App is limited to the Apple iOS Mobile Device that you own or control and that your use of the App shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Company acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the App - see Section 6 (Disclaimer). You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:  (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the App or your possession and use of the App infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Company’s contact information for any questions, complaints or claims with respect to the App is set forth in Section 13 (Questions). You agree to comply with all applicable third party terms of agreement when using the App. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. 

 

8.         Limitation of Liability & Indemnification. Your exclusive remedy and our entire liability, including our officers, directors, employees, agents, licensors, and service providers, if any, for any claims arising out of these Terms of Use and your use of the Offerings shall be limited to one hundred dollars ($100.00).

 

8.1       Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE OFFERINGS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. 

 

8.2       Indemnification. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and service providers harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the Offerings. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

9.         Choice Of Law And Dispute Resolution.

 

9.1       Choice Of Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Company, except as otherwise stated in these Terms of Use.

 

9.2       ARBITRATION AGREEMENT. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND THE COMPANY BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED. 

 

a.         Dispute Resolution. YOU AND THE COMPANY AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE APP AND OFFERINGS WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. THIS ARBITRATION AGREEMENT IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND COMPANY REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:  YOU MAY ASSERT CLAIMS IN YOUR LOCAL SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY, AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

 

b.         This Section 9.2 is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

c.         Prohibition of Class Actions and Non-Individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and the Company’s right to appeal the court's decision. All other claims will be arbitrated.

 

d.         Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at http://www.adr.org or by calling the AAA at 1-800-778-7879. Unless the parties agree otherwise, only one arbitrator is to be assigned to hear a case. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Company requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

e.         Notice of Dispute. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”). The Notice must contain name, telephone number, email address, mailing address, a brief description of the nature of the dispute along with any supporting documents, and the relief requested. A Notice to the Company should be sent to KoreLock, Inc. Re: Notice of Dispute, 7100 E. Bellevue Avenue, Suite 203, Greenwood Village, CO 80111. The Company will send any Notice to you to the email address we have on file; it is your responsibility to keep your email address up to date. To be valid, you must personally sign the Notice and complete all information requested above, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with you.

 

f.          Demand for Arbitration. If you and the Company are unable to resolve the claims described in a valid Notice within 30 days after the receiving party receives a Notice, you or the Company may initiate arbitration proceedings. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must:  (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Company, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 9.2) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:

 

American Arbitration Association

Case Filing Services

1101 Laurel Oak Road, Suite 100

Voorhees, NJ 08043

 

Alternatively, the Demand may be filed with the AAA online using AAA Web address at: https://www.adr.org

 

Any Demand to Company should be addressed to: 

KoreLock, Inc.

7100 E. Bellevue Ave. Suite 203

Greenwood Village, CO 80111

 

g.         Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 9.2. Each party shall bear its own costs, fees, and expenses incurred in connection with the arbitration proceeding, including but not limited to filing fees, attorney fees, and other administrative expenses, and an equal share of the arbitrator’s and administrative fees of arbitration, regardless of the outcome of the arbitration.

 

h.         Venue and Procedure. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you may attend by telephone, unless the arbitrator requires otherwise.

 

i.          OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 9.2, YOU MUST NOTIFY COMPANY IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO COMPANY AT THE ADDRESS SET FORTH IN SUBSECTION 9.2.e ABOVE. YOUR WRITTEN NOTIFICATION TO COMPANY MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMPANY THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 9.2, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING the “Judicial forum for legal disputes” section below.

j.          Amendment to Arbitration Provisions. Notwithstanding any provision in this Arbitration Agreement to the contrary, you and the Company agree that if the Company makes any amendment to the arbitration provisions in this Section 9.2 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and the Company. The Company will notify you of amendments to this agreement to arbitrate by posting the amended terms on the App at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

 

9.3       JUDICIAL FORUM FOR LEGAL DISPUTES. IF FOR ANY REASON THE ARBITRATION AGREEMENT ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR CLAIM OR DISPUTE, EITHER AS A RESULT OF YOUR DECISION TO OPT OUT OF THE ARBITRATION AGREEMENT OR AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, YOU AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY WILL BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN DENVER, COLORADO. YOU AND THE COMPANY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN DENVER, COLORADO FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS, DISPUTES, OR MATTERS. YOU AND COMPANY EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE.

 

10.       Termination of Use. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Offerings with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Offerings and reporting you to the proper authorities, if necessary.

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on the App will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

11.       General Provisions.

 

11.1     International Use. Although the App may be accessible worldwide, we make no representation that materials on the App are appropriate or available for use in locations outside the United States. Those who choose to access the App from other locations do so on their own initiative and at their own risk. If you choose to access the App from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any offer for any product, service, and/or information made in connection with the App is void where prohibited.

 

11.2     Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to support@korelock.com if by email, or to our address at  7100 E. Bellevue Ave. Suite 203, Greenwood Village, CO 80111, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.

 

11.3     No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the App, or use of or access to the App or Offerings provided through the App, beyond the limited rights granted to you under Section 2 of these Terms of Use.

 

11.4     Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through the App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

11.5     Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

11.6     U.S. Export Controls. The App may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the United States.

 

11.7     No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

11.8     Entire Agreement. These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Offerings is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

12.       Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last revised and updated is set forth at the top of this page. All changes are effective and apply thereafter to all access to and use of the Offerings 15 days after posting for current users and immediately for new users. Your continued use of the Offerings following the effective date of the revised Terms of Use means that you accept and agree to the changes.

 

13.       Questions. If you have any questions about the Offerings, or these Terms of Use, please email us at support@korelock.com.

 

14.       Notice to California Residents. If you are a California resident, and the Offerings are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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