SECTION 1 – INTRODUCTION
This agreement (the “Agreement”) is between you and IndeLife Technology LLC (“IndeLife Technology”) and governs the use of our website (the “Website”), our publications (the “Publications”), the provisioning of our smart technology hardware and software (the “Products”) and our services (the “Services”). References to “you” and “your” refer to the person entering into this Agreement, references to “Resident” refers to the person at whose residence the Solution will be installed, and references to “we”, “our”, and “us” refer to IndeLife Technology and its employees or third party service providers.
By visiting the Website, using our Publications or purchasing Products and/or Services from us, you agree to be bound by this Agreement, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. This Agreement applies without limitation to browsers, vendors, customers, merchants, and/ or contributors of content.
Please read this Agreement carefully. By accessing our Website, Publications, Products and/or Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you should not make use of our Website, Publications, Products and/or Services.
You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Website, Publications, Products and/or Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Publications, or Services without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available in the Website, Publications, Products and Services that is not accurate, complete or current. These materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on these materials is at your own risk.
The Website, Publications, Products and Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this information at any time, but we have no obligation to update this information. You agree that it is your responsibility to monitor changes to the Website, Publications, Products and Services.
SECTION 4 – MODIFICATIONS TO PRODUCTS AND SERVICES
Prices for the Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products and Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products and/or Services.
SECTION 5 – OUR PRODUCTS AND SERVICES
Products and Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue Products or Services at any time. Any offer for Products or Service made on the Website is void where prohibited.
We do not warrant that the quality of Products, Services, Publications, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected, beyond those stated in our Return Policy.
SECTION 6 – THIRD PARTY PRODUCTS AND SERVICES
The use of third party products and services in connection with our Services (e.g., Samsung SmartThings) may be governed by such third party’s customer agreements and not by this Agreement. The Resident may be required to agree to such third party’s customer agreement prior to making use of such products and/or services, and any information you provide to any such third party will be subject to that party’s privacy policy.
Our Products and Services make use of third-party products and services over which we have any no control or input. You acknowledge and agree that we provide access to such products and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party products and services.
Any use by you of third party products and services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 – WHAT’S INCLUDED
The Services include the following:
a) Configuration. We will configure all Products included in your purchase.
b) Installation. We will install purchased Products in the Resident’s home.
c) Support. We will provide 60 days of technical support via the phone to assist you with any issues associated with the Products or Services. After the 60 day period, you and/or the Resident will be responsible for ongoing support by using the self-help resources available on the Website. You may also optionally purchase a support contract from us for an additional fee.
d) Repair. We will repair or replace any defective Products within 60 days of the date of installation. After 60 days, we will be happy to repair or replace defective Products for an additional fee, which will be payable at the time of service.
SECTION 8 – WHAT’S NOT INCLUDED
Our Services do not include, among other things, the following: a) connectivity to an emergency responder, b) services related to any devices other than the Products purchased by you, including any hardware or software issues impacting the Products and their ability to connect to the network, c) training other than that provided at the time of the installation, d) data backup and/or recovery, e) the internet service to the Resident’s home, or f) ongoing technical support beyond the initial 60 day period.
SECTION 9 – INSTALLATION AND IN-PERSON SUPPORT
An adult at least 18 years old must be present to authorize, review, and approve all work completed at the Resident’s premises. You agree to permit us to install the Products during our normal business hours, in such location(s) and such a manner as to fully comply with applicable state laws and regulations, and to give us uninterrupted access to the Resident’s premises. You have approved the locations where each of the Products will be installed, which may replace existing devices.
All users of the Products and Services will be available onsite at the time of the installation so that the appropriate software may be installed on their smartphone(s) and they receive instruction on the use of the Products and Services.
We require a safe working environment, and reserve the right to refuse or reschedule service due to conditions we deem dangerous or unsafe. If hazardous material is encountered during installation, we will cease work until you have, at your sole expense, obtained clearance from a licensed hazardous material contractor that continuation of work will not pose any danger to our personnel.
You confirm that we have the right and are allowed to do the work you request at the Resident’s premises (e.g., you’ve obtained any necessary permission from a landlord or homeowner’s association). You are responsible for complying with all laws and regulations applicable to the use of the Products and Services by you, including any required permits and consents regarding audio or video recordings.
SECTION 10 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – DATA COLLECTION AND PRIVACY POLICY
As part of the installation, operation and support of Products and Services, we and our third-party providers will collect information, including data for configuration of your equipment and data collected from devices. This information will be used in accordance with our Privacy Policy, which can be accessed on our website.
SECTION 13 – REQUIREMENTS AND RISKS
By purchasing our Products and Services, you understand there are certain requires for these Products and Services to work, including a) access to a high-speed internet connection at the Resident’s premises through an available Ethernet port, b) an Apple or Android smart phone capable of running certain software Products for each Resident and user of the Products and Services, and c) a user who will assume overall responsibility for the ongoing updates and modifications to the Products and Services.
You understand that our Products and Services are subject to service interruptions, including but not limited to a) hardware and software malfunctions, b) programming errors, c) internet service disruptions, d) power outages, and e) device battery failures. These Products and Services are offered to you as a convenience factor and should not be relied upon for notification of medical or safety emergencies. These Products and Services are not a substitute for required medical care.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall IndeLife Technology LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless IndeLife Technology LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Minnesota.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@indelife.tech.