TERMS OF SERVICE
Effective Date: August 21, 2015
The Products and Services provided by Korner are not certified for any emergency response and are not intended to be relied upon in emergency situations or for any life-safety or critical uses. The Products are intended to provide a sensor system for monitoring doors and windows in your private residence. The sensors will provide limited information about the movement or vibration of such doors and windows and Korner makes no representations or warranties that use of the Products or Services will increase the safety of your home or the security of items or persons in your home. You understand and agree that the Service is not a third party monitored emergency notification system and Korner does not have the ability to and will not notify or dispatch emergency services to your home. Alerts provided through the Service are not intended as a substitute for audible or visible indications in the home. The Service will enable you to monitor your premises and the Application may provide functionality that allows you to notify emergency services or your friends, family, or neighbors. Korner is not liable for the actions of such third parties following receipt of an Alert. There may be risks associated with notifying others to monitor or enter your home and Korner is not liable for any damages or injury resulting from the relationship between you and any third party that you notify following receipt of an Alert. If you are a Security Circle Member, you agree and understand that there may be risks associated with your investigation of an Alert at another individual’s home and Korner is not liable for any damage or injury resulting from the actions you take following receipt of an Alert. You understand that the Service is not a substitute for emergency services. The Service and Alerts are not intended to be 100% reliable or 100% available. Korner does not guarantee that Alerts will be transmitted to you or your Security Circle automatically or within a certain time. All information available through the Service, including Alerts, are for informational purposes only.
1. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 18, you may not use or access the Service. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
2. Korner may offer various security-related hardware products (“Products”) for sale on the Site as part of the Service. In order to use such Products, you will need to create an Account and access that Account as set forth Section 3 of these Terms, below.
A. Product Purchases; Shipping. All sales are FOB shipment origin. Risk of loss passes to you upon shipment of the product from our facilities, and the occurrence of any damage during shipment will not relieve you from making payment of the balance of the purchase price.
B. Product Prices and Availability; Cancellation. Current prices for Products are described on the Site. Korner may change pricing at any time and in its sole discretion. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any additional terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. Korner reserves the right to change or discontinue any product or service at any time and without notice. Korner further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled, limited, or delayed, Korner will contact you.
D. Returns. It is your responsibility to assure the quality of all goods upon receipt. If you are the original purchaser of Products and you are not satisfied with the Products for any reason, you may return it in its original condition within 30 days of the original purchase date and receive a full refund. Following the 30-day return period, all sales are final except for damaged or defective materials.
E. Compatibility. Korner is not responsible for the compatibility of the Products with E. your home or the specific locations in which you intend to use the Products. Prior to making a purchase on the Site, you should determine whether the Products will be compatible with your home. You must also confirm that the Wi-Fi service available in your home is sufficient to support the use of the Products.
F. Transfer and Resale. Korner does not limit the transfer of Products between locations or individuals and does not restrict the resale of Products. You may take your Products with you when you move or move your Products within your home, at any time. Transfer or resale may, however, require account changes, activation of a new account, or activation of additional accounts and Korner does not guarantee that the Products will remain functional if they are transferred to a new location or to a new user. Transfer of ownership does not extend or expand Korner’s limited product warranty.
3. LIMITED PRODUCT WARRANTY.
A. LIMITED WARRANTY. Korner warrants that Products will be free from defects in materials and workmanship for a period of 1 year (or 6 months for factory refurbished products) from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this limited warranty during the Warranty Period, Korner will, at its sole discretion, either (A) repair or replace any defective Product or component; or (B) accept the return of the Product and refund the price actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Korner’s sole discretion. If the Product or a component incorporated within it is no longer available, Korner may replace the Product with a similar product of similar function, at Korner’s sole discretion. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of 45 days from the date of delivery or the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
B. EXCLUSIONS. This limited warranty does not cover the following Products (collectively “Ineligible Products”): Products marked as “sample” or sold “AS IS;” or Products that have been subject to: (A) modifications, alterations, tampering, or improper maintenance or repairs; (B) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Korner; (C) abuse or misuse; (D) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (E) Acts of God, including lightning, flood, tornado, earthquake, or hurricane. This limited warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the product). Korner recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product‘s performance and may invalidate this limited warranty.
C. WARRANTY CONDITIONS; CLAIMS PROCESS. Before being able to claim under C. this limited warranty, the owner of the Product must (A) notify Korner of the intention to claim by visiting www.support.kornersafe.com during the Warranty Period and providing a description of the alleged Product failure, and (B) comply with Korner’s return shipping instructions. Korner will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined above). Korner will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs.
D. VARIATIONS THAT MAY APPLY TO THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the exclusions and limitations set forth above may not apply to you. Nothing in this Section 3 will be interpreted as limiting an implied warranty which cannot under applicable law be limited in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, the limitations in this Section 3 may not apply to you. For a full description of your legal rights, you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
4. ACCOUNT REGISTRATION.
In order to use the Service, you must register for an account with Korner on the Site (“Account”) and connect your Products with that Account. You may access and control your Account through the Application or by visiting www.myhome.kornersafe.com. If you set up an Account, you must select a user name and password, solely for use by you. When you register, you must provide Korner with current, complete, and accurate information. You must keep your user name and password confidential and not authorize any third party to use it or your Account unless otherwise authorized by us. You agree that Korner may attribute all use of your user name and password to you and that you are responsible for all activities that occur under your user name and password. You must notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. Failure to maintain updated payment information may result in termination of your Account.
A. Annual Fee; Recurring Charges. If you sign up for the. Following the 30-day cancellation period, annual charges are non-refundable.
B. Security Circle. You may create a pre-populated list of individuals you select (“Security Circle”) who can be quickly notified if the Product you have installed in your home detects an Alert. You may add individuals to your Security Circle by providing us with their contact email. We will send each such individual an email invitation to register as a member of your Security Circle (“Security Circle Member”). Security Circle Members may elect to receive Alerts through the Application or via email. We may also offer Security Circle Members the option of receiving alerts via SMS text message. If we offer this option, we will ask for express consent prior to sending any text messages to Security Circle Members. Security Circle Members may opt out from receiving texts at any time by responding to any text they receive. If you are a Security Circle Member, you agree that you will notify us if you change or cancel any mobile number under which you provide consent to receive text messages.
C. Alerts. C. If the Product detects motion while the system is armed, it will notify you via the Application (“Alert”). When you receive an Alert, you may use the Application to notify your Security Circle Members, or use the Application to call your local state or municipal Police and/or Fire Departments (“Local Emergency Authorities”).
D. Cancellation. You may cancel your Account at any time. Following the 30-day return period, annual charges are non-refundable.
5. LICENSE TO USER CONTENT.
Korner may, from time to time, allow you to submit content to the Service. For example, you may upload a photo of your home. Korner does not control or endorse and is not responsible or liable for any content provided by users of the Service (“User Content”). You grant to Korner and all members of the public who have access to User Content on or through the Service a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through the Service and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. You are solely responsible for all User Content you make available through the Service and your use of the Service is at your own risk. Korner reserves the right to remove or modify User Content if it violates these Terms or is offensive.
If you provide us any comments or suggestions for improvements (“Feedback”) to the Service or Products, you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation. Korner shall have all intellectual property rights in or relating to any communications you send to Korner and may use such communications for any purpose in its sole discretion.
7. LICENSE TO USER DATA.
Korner will collect some information related to your use of the Products, including, but not limited to: information collected during Product setup, such as information about the exact address where the Product will be used or the location within your home where Products will be used; environmental data collected by the Products’ sensors, such as motion or vibration, notifications sent by the Products, and times and dates of arming or disarming; and technical information from the Products, such as Product model, serial number or software version, Product sensor status, Product settings, Wi-Fi connectivity or signal strength, and Product battery levels (all collectively, “User Data”). By using the Service, you authorize Korner to store, manage, transfer, and analyze your User Data for any legal purpose, including for disclosure to law enforcement authorities, for research purposes, to improve our products, or for any other legal purpose.
8. PERMITTED USE OF THE SERVICE AND PRODUCTS; LICENSE GRANT.
The Products are designed for use in the United States and all safety warnings, information, instructions, and support services are provided in English. The Products are not intended for use outside of the United States and Korner is not liable or responsible for any liability 8. arising from use of the Products outside of these jurisdictions. If you use the Products outside of the United States, you are responsible for compliance with all local laws. You are responsible for the installation of all Products and Korner is not responsible or liable for any issues resulting from improper installation. There may be laws or regulations in your jurisdiction regarding Product installation and you should make sure that you are in compliance with all relevant laws. The Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to you through the Service (“Content”) are owned by Korner and/or its licensors. Subject to your compliance with these Terms, Korner grants to you a limited, non-transferable, non-exclusive, non-sublicensable right to download, access, and use the Service and Content solely as permitted for use with Korner Products that you install in your private residential property. You may not otherwise use, modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer any portion of the Service, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation. You acknowledge and agree that you will not work around any technical limitation in the Service or use the Service in any attempt to or in conjunction with any device, program, or service designed to circumvent measures employed to control access to, or rights in, the Service. You may not use the Service for any illegal purpose. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You further agree not to interfere with the proper functioning of the Service and not to use the Service in a way that suggests you are a representative of Korner. You agree not to use the Service in any way that would interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm any other person or entity; or to engage in commercial activities of any kind. Any unauthorized use of the Service may result in termination of all rights to use the Service and may be subject to legal action.
10. RESERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK NOTICE.
Korner, its affiliates and its licensors and suppliers own all right, title, and interest (including intellectual property rights) in the Service and Content and reserve all rights not expressly granted to you in these Terms. The Service and Content are protected by copyright and other intellectual property laws and treaty provisions. The Korner logos and trademarks referenced in the Service are the trademarks of Korner and its affiliates. Any other company names, product names, service names and logos referenced in the Site may be the trademarks of their respective owners.
11. SERVICE AVAILABILITY.
Korner does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down 11. for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Korner reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.
A. Recurring Billing. By starting your Korner membership and providing or designating a Payment Method, you authorize us to charge you an annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the Korner service to your Payment Method. You acknowledge that the amount billed each year may vary from year to year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually in one or more charges.
D. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
E. Cancellation. E. You may cancel your Korner membership at any time, and you will continue to have access to the Korner service through the end of your annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR MEMBERSHIP PERIODS. To cancel, go to the "Help" page on within your account and contact Korner directly. If you cancel your membership, your account will automatically close at the end of your current billing period.
Korner has no obligation to and may not provide updates for the Service. If Korner does provide updates, supplements, or add-on components to the Service after the date you initially use, access, or download the Service (collectively, “Updates”), these Terms will apply to the Updates. If Korner provides additional terms along with any Update, those terms will apply to the Update. You agree that Korner may automatically check your version of the Service and may automatically send updates to your device. Korner may add new features or remove existing features offered through the Service. Korner also reserves the right to discontinue your access to the Service. Korner may, in its sole discretion, release subsequent versions of the Service and require you to obtain and use the most current version.
14. CHANGES TO THESE TERMS.
Korner reserves the right to change these Terms at any time upon notice. We may give notice by making the updated Terms available on the Site or Application, or by any other reasonable means. You can view the most current version of the Terms at any time at www.kornersafe.com/terms. The updated Terms are binding on you as of the Effective Date indicated at the top of the updated Terms. If you do not agree to the updated Terms, you must cancel your Account and stop using the Service. Your continued use of the Service after the posted Effective Date will constitute your acceptance of the updated Terms.
15. THIRD PARTY PRODUCTS, SERVICES, WEBSITES AND LINKS.
16. LOCATION DATA; DISCLAIMER.
Location data provided by the Service (if any) is provided for informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to a safety issue, death, personal injury, property or environmental damage. Neither Korner, nor any of its suppliers, affiliates, or licensors, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Service.
You may terminate your Account or your use of the Service at any time. Korner reserves the right to terminate or suspend the Service, Content, the production of Products, or your Account at any time, with or without notice, for any reason, including for your breach of any provision of these Terms. Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, and 15 through 26 of these Terms will survive termination.
18. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. KORNER AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, KORNER, ITS SUPPLIERS, AFFILIATES, AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR DATA OBTAINED THROUGH THE SERVICE OR PRODUCTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS IN THE SERVICE, CONTENT, OR PRODUCTS WILL BE CORRECTED. THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. THE INFORMATION PROVIDED WITH PRODUCTS YOU PURCHASE (“PRODUCT INFORMATION”) OR OTHER PERIPHERALS CONNECTED TO PRODUCTS YOU PURCHASE (“PRODUCT PERIPHERALS”) MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED ONLY FOR YOUR CONVENIENCE AND KORNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCTS WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND KORNER DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, THE SERVICE, OR PRODUCTS.
19. DISCLAIMER OF CERTAIN DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KORNER OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, CONTENT, OR PRODUCTS, EVEN IF KORNER OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 16 OR 17, KORNER’S AND ITS AFFILIATES’, SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, CONTENT, PRODUCTS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE PLATFORM, UP TO ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SERVICE, CONTENT, OR PRODUCTS, WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES, WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
21. INDEPENDENT REMEDIES.
The exclusion of damages under Section 17 is independent of your exclusive remedy in Section 18 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 17 and 18 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
22. NOTICE ON POTENTIAL LIMITS OF SECTIONS 16, 17, AND 18.
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 16, 17, or 18 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this Section 20 may not apply to you.
You agree to defend, indemnify, and hold Korner and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Content and your use of the Products and the Service; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.
24. DMCA Copyright Notice and Takedown Procedures
Korner respects the intellectual property rights of others. If you believe that any Content, User Content, or other material available in the Service infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:
1080 W Ewing Pl, #300, Seattle, WA, 98119
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
(d) Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material in the Service is infringing, you should contact an attorney prior to sending notice. After receiving notice, Korner may remove or disable access to infringing material.
Korner may give you all notices (including legal process) that Korner is required to give by any lawful method, including by making notice available through the Service, on Korner’s web site located at www.kornersafe.com, or by sending it to any email or mailing address that you provide to Korner. You acknowledge that if you do not provide Korner with current and accurate contact information, Korner may not be able to contact you. You agree to send Korner notice by mailing it to the following address: 1080 W Ewing Pl, #300, Seattle, WA, 98119.
26. GOVERNING LAW AND DISPUTE RESOLUTION.
A. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, WA, for any and all disputes, claims, and actions arising from or in connection with the Site, the Service, the Content, your use of the Products, your User Content, your Account, or these Terms.
B. Negotiation. You and Korner agree to first attempt in good faith to resolve any dispute by informal negotiation and consultation. In the event that such dispute is not resolved on an informal basis within 15 business days after one party provides notice to the other party of such dispute (“Negotiation Period”), either party may initiate mediation under Section 24(C) of these Terms.
C. Mediation Subject to Section 24(B), you and Korner may at any time after the Negotiation Period resolve any dispute by submitting the dispute to a mutually agreed mediation service by providing a joint, written request for mediation. The request must set forth the subject of the dispute and the relief requested. You and Korner agree to cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling mediation proceedings. The parties will use commercially reasonable efforts in participating in the mediation. The parties further agree that all mediation fees, expenses, and costs will be shared equally between the parties.
D. Binding Arbitration; Class Action Waiver. If the parties fail to enter mediation or fail to agree to any settlement proposed by a mediator, YOU AND KORNER EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE APPLICATION, PRODUCTS, CONTENT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KORNER, WILL BE RESOLVED IN KING COUNTY, WASHINGTON BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND KORNER EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND KORNER EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN KING COUNTY, WASHINGTON. YOU AND KORNER EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. To begin arbitration you must send a letter requesting arbitration and describing your claim to the following address: 1080 W Ewing Pl, #300, Seattle, WA, 98119. Korner will attempt to notify you in writing of any dispute if Korner has your email or mailing address. If Korner does not have your address, Korner will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and Korner each are responsible for your own respective costs relating to the arbitration, except that Korner will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees.
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Korner’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Korner if it is in a written document signed by Korner. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Korner intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Korner agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Korner may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms will be binding upon Korner’s successors and assigns. These Terms (including any incorporated terms), and any additional terms provided with any updates, constitutes the entire agreement between you and Korner with respect to the Service. Both you and Korner warrant to each other that, in entering this agreement, neither Korner nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Korner, or Korner’s successors and permitted assigns, will have any right to enforce these Terms.
28. CONTACT INFORMATION.
If you have questions, concerns, or suggestions regarding the Service, Products, your Account, or these Terms, please contact us at: email@example.com.