Kuna Terms of Service
Kuna provides home security service, available on some mobile devices (including compatible Android and iOS devices) through the Kuna Mobile Application. The Kuna Application provides access to live feed streaming 24-hours a day, a two-way intercom, HD recordings triggered by detected motion events (availability dependent on premium plans), a 100 decibel alarm, lighting schedules, and notifications where your mobile device has connectivity and when service, local internet, and electricity to your Kuna Powered devices are not impaired. Kuna is a do-it-yourself product, designed to be installed and uninstalled solely by the user or technicians hired at the user’s expense and discretion.
In order for your Kuna™ and Kuna Powered™ devices to function, you must have a stable broadband internet connection and a Wireless Router (802.11 b/g) broadcasting a network on the 2.4GHz band, a compatible mobile device, and electricity. We recommend having a stable high speed wireless network, with at least 1 Mbps upload and 1 Mbps download bandwidths where your device is installed. Kuna does not guarantee uninterrupted service even when all the minimum requirements are met. Kuna reserves the right to change the minimum requirements at any time.
Kuna is not:
Kuna was designed with live interaction in mind and is not meant to work as a local IP Camera, CCTV, or other recording device. Kuna is not intended to replace existing security features of your home and should not be used as your sole emergency responder. In the event of an emergency, it is your responsibility to contact the necessary authorities and take action to protect against intrusion, and seek assistance during an emergency. Kuna is not responsible for any damage, loss, stolen goods, or injury.
YOU UNDERSTAND THAT BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO BE BOUND WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER TO AND APPLY TO THAT BUSINESS.
Use of the Service
Subject to the terms and conditions of this Agreement, Kuna hereby grants you a limited, nonexclusive, nontransferable, revocable license to personal use of the Service as set forth herein. You may not edit, modify, reproduce, alter, exploit, or reverse engineer any of the Service or equipment in any capacity. By using the Service, you have agreed to be bound by this Agreement and all terms and conditions. If you breach any of the Agreement or Terms and Conditions, your service will be immediately revoked, and you must delete or destroy all materials associated with your Kuna service.
By using our Service you certify that you are at least 18 years of age or, if you are under the age of 18 but at least 13 years of age, you are using our Service with the consent of your legal guardian and have permission to use our Service. If you are the legal guardian or parent of a minor, you agree that a minor with your permission to use the Service, is hereby bound to the terms of this Agreement.
At the time of purchase of a Kuna Powered Device and thereafter, you will have the option to purchase a premium plan (“Plans”).
The Plan period begins the moment the customer signs up and pays for a Plan on https://my.getkuna.com, and continues until terminated by either party. To terminate service and stop charges the Customer must login to their account at https://my.getkuna.com and follow the instructions to ‘Cancel.’
When a customer registers for a Plan, the customer expressly acknowledges that (1) Kuna Systems (or our third party payment processor) is authorized to make recurring charges to the customer’s credit or debit card on-file, on a monthly or an annual basis (as selected by the customer on https://my.getkuna.com) for customer’s Plan (in addition to any applicable taxes and other charges) AND (2) Customer’s Plan (and associated charges) are continuous until customer cancels or Kuna Systems terminates the service.
The Customer may cancel their Plan at any time by logging into Customer’s profile (at https://my.getkuna.com) and following the instruction to ‘Cancel’. Customer will be responsible for all charges (including applicable taxes and other charges) already incurred with respect to fees processed prior to the cancellation of the Customer’s paid rolling subscription Plan. The Customer will receive a prorated refund of the remaining balance of their Plan.
Accounts, Passwords, and Security
When a Customer signs up for a Plan, the Customer acknowledges that they shall provide additional personal information, including but not limited to, current credit or debit card information. This information shall be stored by Kuna Systems (or our third party payment processor) as per the terms of our payment processor (URL: https://stripe.com/docs/security).
You are responsible for keeping your password secure and preventing unauthorized access to your account. You will be solely responsible and liable for any activity that occurs under your username, whether or not you have authorized such activities or actions. If you lose your password for your account, you may not be able to access the data you uploaded to the Service or other data, including material uploaded to the Service on your behalf (your “Data”) or Kuna or Kuna’s partners or affiliates.
You agree that all information provided to the Site and Service will be accurate and current, and you will make necessary changes to keep your account up to date. You acknowledge that you provide your personal information at your own risk. Kuna will do what it considers to be industry standard to keep your personal information secure, but Kuna cannot guarantee that unauthorized third parties will never be able to compromise Kuna’s security measures or access your personal information. You agree to immediately notify Kuna of any unauthorized use of your password, or in the event that you believe your password has been lost or stolen.
Acceptable Use and Conduct
You are solely responsible for your conduct and your Data related to the Service. You agree to indemnify, defend, and hold harmless Kuna, its partners, and its affiliates from any and all claims, losses, costs, liabilities, and expenses (including, without limitation, attorneys’ fees and costs), arising from or related to your Data, your use of the Service, your violation of this Agreement, and/or your violation of any third party right (including intellectual property, attribution, publicity, privacy, and confidentiality). Your use of the Service must be in compliance with all applicable laws, rules, and regulations and must not infringe or violate any third party rights. Any unauthorized use of the Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Responsibility For, Ownership and Consent to Access Your Data
Kuna does not claim any ownership rights in your Data. You are solely responsible for your conduct with respect to the Service and for the content of your Data, as well as any of the content contained in your communications with other users of the Service. Kuna allows you to share some or all of your Data. If you decide to share your Data, you are giving certain legal rights to those individuals or entities whom you have given access to your Data. By utilizing the Service, you consent to allow Kuna to access your mobile devices to access any Data that you choose to be uploaded to the Service. By placing Data into an accessible format through the use of the Service, you consent to share access to such Data with those other users that have been authorized to access such Data. Kuna has no control over such other users’ access and, therefore, Kuna hereby disclaims any such associated liability. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions required to grant the licenses set forth herein with respect to your Data. You agree and acknowledge that Kuna has no responsibility or obligation to monitor or notify you of any non-compliance related to the rights you may choose to grant to other users who have access to your Data, if any, and that Kuna has no responsibility to enforce or police, or aid you in enforcing or policing, the permissions you have chosen to offer. In fact, you acknowledge that Kuna does not have any obligation to monitor any of the Data that is uploaded, posted, submitted, linked to or otherwise transmitted using the Service, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, timeliness, legality or applicability of the Data or anything said, depicted, or written by users in their submissions, including, without limitation, any information obtained by using the Service. Kuna does not endorse anything contained in the Data, or any opinion, recommendation or advice expressed therein, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kuna with respect thereto.
We may access your Recordings and/or data to monitor the performance of your devices. We may look at this information to help with things like, troubleshooting, customer support, Service improvements and debugging.
You acknowledge that it is your responsibility to abide by the laws of your state and/or territory in regards to recording the images and audio of another. Be aware that recording the audio of another, without notice, may be a violation within your jurisdiction. You will be solely responsible and liable for any recordings made in violation of your local laws. If you believe recording the images and/or audio of another is not permitted in your area, it is up to you to discontinue use of Kuna or Kuna Powered devices.
Connectivity and Other Requirements.
For Kuna and Kuna Powered devices to operate with the Service, you must have a stable broadband internet connection and a Wireless Router (802.11 b/g) broadcasting a network on the 2.4GHz band, a compatible mobile device, and electricity. Compatible mobile devices include most Android Devices running Android 4.4 (KitKat) and above with Bluetooth 4.0 (BLE) capabilities and above, and most iOS devices iPhone 4S and above and iPad 2 and above running iOS 7 and above with Bluetooth 4.0 capabilities and above. We recommend having a stable high speed wireless network, with at least 1 Mbps upload and 1 mbps download bandwidths at installation location. Kuna does not guarantee uninterrupted service even when all the minimum requirements are met. Kuna reserves the right to change the minimum requirements at any time.
Kuna Mobile Application
Kuna makes a Mobile Application to be used with compatible mobile devices to access the Service via your mobile device. Kuna does not warrant that your mobile device will be compatible with Kuna App. Kuna does not warrant against malfunctions on the App due to your mobile device or due to interactions with other applications installed on your device.
The following additional terms and conditions apply with respect to any Kuna App designed for use on an Apple iOS-powered device (“iOS App”):
- You acknowledge that these Terms are between Kuna and you only, and not with Apple, Inc. (“Apple”) or any other entities.
- Your use of Kuna’s iOS App must comply with current Apple App Store Terms of Service.
- Kuna is solely responsible for our iOS App and the Service and Content available therein. You acknowledge that Apple has no obligation to provide maintenance and support services of our iOS App.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App
The following additional terms and conditions apply with respect to any Kuna App designed for use on an Android-powered device (an “Android App”):
- You acknowledge that these Terms are between Kuna and you only, and not with Google, Inc. (“Google”) or any other entities.
- Your use of Kuna’s Android App must comply with current Google Play Terms of Service.
- Kuna is solely responsible for our Android App and the Service and content available therein. You acknowledge that Google has no obligation to provide maintenance and support services of our Android App.
- You agree to comply with all applicable third-party terms of agreement when using our Android App
You acknowledge and agree that you should not rely on the Service for any purpose. You are responsible for having all required software, hardware, and any other elements necessary for using the Service. You are responsible for confirming that the Service is compatible with your mobile devices’, hardware and software and are properly configured. You acknowledge that Kuna cannot provide the Service properly if the minimum requirements and compatibility are not satisfied, and you will not receive Service from your Kuna or Kuna Powered device (“device”) when the device’s internet connection or power is lost, not operating properly, there is interference or the device has been damaged or destroyed. Kuna intends for the Service to be reliable, however the Service will not be without interruption, including, without limitation, due to reasons like lack of or weak Wi-Fi signal, equipment failure or breakdown, power outages, and mobile device or carrier issues. Kuna is not responsible or liable for any loss, or damages due to causes beyond its control or for any acts, errors, or omissions of third parties or for any act, error, or omission taken by anyone (including you) in response to the information provided through the Service.
You further acknowledge and agree that you are responsible to maintain and protect any and all data or information that is stored or processed by the Service. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, restoring and/or recreating any data or information that is lost or corrupted as a result of your use of the Service. Your access to and use of the Service is at your own risk. Kuna will have no responsibility for any harm to your mobile device or system, loss or corruption of any data or information, or other harm that results from your access to or use of the Service.
Changes to the Service and Terms and Conditions
Kuna reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof at its sole discretion with or without notice. Kuna will use commercially reasonable efforts to notify you of modification, suspension, or discontinuation of the Service either by sending an email to the email address you provide with your account registration or by a posting on our Sites. However, in no event will Kuna be liable to you or to any third party for any modification, suspension or discontinuance of the Service, with or without notice. Kuna reserves the right at any time to modify this Agreement at its sole discretion, without liability. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on our website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately. Please review the most current version of this Agreement from time to time, so that you will be apprised of any changes.
You acknowledge that, between you and Kuna, Kuna or its licensors own all right, title and interest in and to the Service, portions thereof, and Kuna content provided through or in conjunction with the Service, including without limitation all intellectual property rights therein and thereto. Except for the rights granted in this Agreement, all rights in and to the Service are hereby reserved, and no implied licenses are granted by Kuna. You may not copy or modify any code used to generate web pages on our Sites or within our Service.
If you have comments on the Service or ideas on how to improve it, please contact us. Please note that by doing so, you also grant Kuna a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Service, and to otherwise exploit your ideas and comments, in each case without any compensation.
You should be aware that data or information available through the Service may be protected by intellectual property, proprietary or confidentiality rights which are owned by the user who submitted or created the data or information. You may not modify, rent, lease, loan, sell, distribute or create derivative works of another user’s submitted data or information unless you have been expressly allowed to do so by the rightful owner of such data or information.
You agree not to do any of the following while using the Service:
- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (viii) violates a protective order;
- Access, tamper with, or use non-public parts of the Service (including but not limited to user data that you have not been given permission to access), Kuna’s computer systems, or the technical delivery systems of Kuna’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures. You may not use the Service in any manner that at Kuna’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Service. You agree neither to modify the Service, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service:
- Attempt to access or search the Service with any engine, software, tool, agent, device or mechanism other than the search agents provided by Kuna;
- Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or plant malware on Kuna’s systems, those systems of Kuna’s partners or providers, or otherwise use the Service to attempt to distribute malware; or Impersonate or misrepresent your affiliation with any person or entity.
Kuna has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. Kuna may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that although Kuna has no obligation to monitor any user’s access to or use of the Service, it still has the right to do so for the purpose of operating the Service, to ensure users’ compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Kuna’s products and Service are accessible and supported only within the United States and Canada. If you are accessing or using the Service from an unsupported country, Kuna will be unable to provide technical and customer support. Use of Kunas or Kuna Powered devices in unsupported countries is done so on your own behalf and you are solely responsible for complying with local laws. Kuna accepts no responsibility or liability for any damage or loss caused by your access or use of the Service in unsupported countries.
You are responsible for the accuracy and truth of your shipping address and the end destination of your Kuna and Kuna Powered products. Kuna is not responsible for costs associated with shipping or delivery unless otherwise provided for in this Agreement.
Kuna and Kuna Powered devices have been designed as do-it-yourself (DIY) home security solutions. Kuna is not responsible for any costs or damages associated with the installation of Kuna or Kuna Powered devices. You acknowledge and take full responsibility for the costs, time and efforts associated with the installation, uninstallation, customization, or changes necessary to install and use any Kuna or Kuna Powered device. Kuna will provide, to its best and reasonable ability, installation guidelines and support, but cannot provide expert or technical advice associated with home installation. If you need additional assistance, it is your responsibility to contact a local certified electrician or contractor and you alone must ensure proper installation. You are responsible for assuring the proper electrical and hardware compatibility necessary to install Kuna and Kuna Powered devices. If the Products are damaged, tampered with, or in any way altered during installation and DURING use, your 1-year hardware warranty (see Hardware Warranty) will be voided immediately. Any attempt to use damaged or altered Products is within the sole discretion of the user and is not supported by Kuna or covered by Kuna’s warranty.
If you have any questions regarding installation or usage of your Kuna product or products powered by Kuna please contact firstname.lastname@example.org for guidance.
Digital Millennium Copyright Act Compliance
You will only submit, upload, post or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Kuna will respond expeditiously to claims of copyright infringement committed using the Kuna Service if such claims are reported to Kuna’s Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to Kuna’s Designated Copyright Agent. Upon receipt of Notice as described below, Kuna will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Kuna’s Designated Copyright Agent:
c/o Kuna Systems Corporation
883 Sneath Lane, Suite 222
San Bruno, CA 94066
The Service and Sites may contain links to third-party websites or resources. You acknowledge and agree that Kuna is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kuna of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Term and Termination
This Agreement is effective upon accessing or using the Service and remains in effect until your account is terminated. You may terminate this Agreement at any time by closing your account and following the instructions on the Service. This Agreement automatically terminates if you fail to comply with its terms and conditions. Kuna reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, your access rights to the Service will immediately terminate. The terms of the Sections entitled Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous Provisions will survive any expiration or termination of this Agreement, along with provisions regarding responsibility for your Data and obligations of confidentiality. Kuna has no obligation to provide you with a copy of your Data and may remove and discard any Data after termination.
Disclaimer of Warranties
THE SERVICE AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. KUNA AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD PARTY SERVICES. YOU ACKNOWLEDGE THAT USE OF THE SERVICE MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA TO UNINTENDED THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ALL THIRD PARTY SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD PARTY SERVICES. KUNA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KUNA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KUNA OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KUNA, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS, OR THE COST OF SUBSTITUTE GOODS OR SERVICES), ARISING FROM OR RELATED TO THIS AGREEMENT, THE USE OF, OR INABILITY TO USE THE SERVICE, THE CONTENT AVAILABLE OR UNAVAILABLE THROUGH THE SERVICE, OR FOR ANY ERROR, OMISSION OR DEFECT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF KUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF KUNA, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Kuna from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The failure of Kuna to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
Kuna is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Kuna. Kuna may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Kuna Systems Corp., 883 Sneath Lane, Suite 222, San Bruno, CA, 94066, USA. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com.
Revision Date: April 23, 2018