LAST UPDATED: 01/12/2016
Welcome to the Kessil® WiFi Controller! The terms and conditions of this Terms of Service Agreement ("AGREEMENT") are applicable to the iPad Kessil® WiFi Controller app ("APPS"), Android Tablet Kessil® WiFi Controller app ("APPS"), iPhone Kessil® WiFi Controller app ("APPS"), Android Phone Kessil® WiFi Controller app ("APPS"), and Kessil® WiFi Controller website version ("SITE"), all developed by DiCon Fiberoptics, Inc. This Terms of Service Agreement is also applicable to any use of APPS, services provided therewith, software products including associated software components, hardware, firmware, and associated services, or the use of any media, printed materials, and online or electronic documentation. The Agreement sets forth the terms and conditions that apply to YOUR ("YOU" or "YOUR") use of the APPS, and services offered thereon, together with any successor app(s), which are offered to YOU by Kessil® / DiCon Fiberoptics, Inc.
1. Changes to This Agreement
Kessil® / Dicon Fiberoptics, Inc reserves the right to change the terms of this AGREEMENT at any time for any reason, without prior notification. We encourage YOU to periodically review it to ensure familiarity with the most current version of this AGREEMENT. YOU can determine when this AGREEMENT was last revised by referring to the "LAST UPDATED" legend at the top of this AGREEMENT.
2. Intellectual Property Rights and Restrictions
All rights, title, and interest in the content displayed or provided in the APPS, including but not limited to the SITE and APPS' look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, and trade names, are owned by Kessil® / DiCon Fiberoptics, Inc., and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly permitted by this AGREEMENT, or by applicable law, or as otherwise expressly authorized by Kessil® / DiCon Fiberoptics, Inc. in writing, YOU may not (and may not knowingly allow any third party to) copy, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sublicense, reverse engineer, create derivative works based on, or otherwise attempt to discover any source code of the APPS, or any content available through the SITE.
3. Registration Information
Kessil® / DiCon Fiberoptics, Inc. will have access to all information YOU submit to the APPS or SITE. YOU understand and agree that use of the APPS or SITE may include certain email
communications from Kessil® / DiCon Fiberoptics, Inc., such as product announcements, service announcements, software updates, firmware updates, and that these communications are part of the AGREEMENT and YOU will not be able to opt out of receiving them. It is YOUR sole responsibility to notify us of any change in YOUR email address or other contact information.
use the APPS or SITE, YOU understand, acknowledge, and are bound by the terms and conditions of this AGREEMENT.
4. Use of the APPS and SITE by Minors
Kessil® / DiCon Fiberoptics, Inc. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the APPS or SITE should assist them in selecting appropriate Content and supervise their access to the APPS and SITE. Please remember that the APPS and SITE are designed to appeal to the general public. Accordingly, as YOUR child's legal guardian, it is YOUR responsibility, and not the responsibility of Kessil® / DiCon Fiberoptics, Inc., to determine whether any portion or content of the APPS and SITE is appropriate for YOUR child.
5. How the APPS and SITE Work
The APPS and SITE provide control for Kessil® products through computing services delivered over a network. YOU will be provided with services / instructions that may include, without
limitation, technical support, software applications, user manuals, firmware updates that Kessil® / DiCon Fiberoptics, Inc. may decide to offer, and any other services provided by Kessil® / DiCon Fiberoptics, Inc. to YOU, all subject to the terms hereof. Kessil® / DiCon Fiberoptics, Inc. may, at its sole discretion, and without prior notification, discontinue or alter any aspect of the APPS, SITE or associated services provided, including, but not limited to, (i) restricting the availability for certain platforms (i.e., device types and operating systems), (ii) restricting the amount of use permitted, and (iii) restricting or terminating YOUR right to use all or part of the APPS or SITE, at any time, and at Kessil® / DiCon Fiberoptics, Inc.'s sole discretion. YOU are responsible for all charges (e.g., device costs, internet service costs, or any repair or replacement costs) associated with using the APPS and SITE. YOU are responsible to keep YOUR Kessil® products, including but not limited to Kessil® lights, accessories, software, firmware, hardware, in good condition and
under proper care and maintenance, in order to have the APPS and SITE work properly.
Kessil® / DiCon Fiberoptics, Inc. aims to provide the APPS and SITE and its associated services to everyone in any geographic area. However, YOU understand and agree that the APPS and
SITE may not be functional or available in certain countries or geographic area.
YOU understand and agree that Kessil® / DiCon Fiberoptics, Inc., the APPS, and SITE assume no responsibility for the deletion of, and failure to store, any data, information, text, graphics, images, and programs.
6. Restrictions on Use of the APPS and SITE
The APPS and SITE are owned and operated by Kessil® / DiCon Fiberoptics, Inc. The APPS and SITE contain code that is owned by Kessil® / DiCon Fiberoptics, Inc. and is protected by copyright, trademark, patent or other applicable laws. YOU may not copy, modify, rent, lease, loan, sell, assign, transfer, distribute, reproduce, republish, post, display, license, sublicense, reverse engineer, or create derivative works based on all or any part of the APPS and SITE. Except as otherwise expressly permitted by this AGREEMENT or under applicable law, YOU may not decompile, reverse engineer, disassemble or reduce any portion of the APPS and SITE to humanreadable
form, or attempt to do any of the above.
• The content of the APPS and SITE are for YOUR general information and use only. It is subject to change without notice.
• Kessil® / DiCon Fiberoptics, Inc. provides no warranty or guarantee as to the performance, completeness, suitability, or sustainability of the APPS and of the SITE. YOU acknowledge that the materials and content provided by the APPS and SITE may contain errors and inaccuracies, and Kessil® / DiCon Fiberoptics, Inc. assumes no liability and responsibility for such inaccuracies and errors, to the full extent permitted by law.
• YOUR use of the APPS and SITE is entirely at YOUR own risk, for which Kessil® / DiCon Fiberoptics, Inc. holds no responsibility and shall not be liable. It is YOUR own esponsibility to keep track of YOUR personal data and information, such as Facebook, Twitter, and Google account login information. Kessil® / DiCon Fiberoptics, Inc. takes no responsibility when YOU delete the APPS from YOUR devices.
• Unauthorized use of the APPS and SITEs may give rise to a claim for damages and/or be a criminal offence.
It is a condition of YOUR use of the APPS and SITE that YOU agree not to use the APPS or SITE to:
• Impersonate any person (including a Kessil® / DiCon Fiberoptics, Inc. employee), or falsely state or otherwise misrepresent YOUR affiliation with any person or entity;
• Restrict or inhibit any other user from using and enjoying the APPS and SITE;
• Harm, or threaten to harm, any person in any way;
• Harass or defame any person in any way;
• Knowingly infringe Kessil® / DiCon Fiberoptics, Inc.'s, or any third party's, United States and/or international copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy;
• Violate any United States law, statute, ordinance or regulation;
• Disseminate or transmit information that is trade libelous;
• Disseminate or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind;
• Disseminate or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, robots, Trojan horses or any other computer code, file, or program that is harmful or invasive or is intended to damage, interrupt, destroy, hijack, or limit the functionality or the operation of, or to monitor the use of, any hardware, software or equipment;
• Engage in any activities that would violate the data protection or privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
• Attempt to gain unauthorized access to other computer systems or networks utilizing the APPS or SITE; or
• Frame or mirror any part of the APPS and SITE without Kessil® / DiCon Fiberoptics' written consent.
YOU understand and agree that YOU shall not use the APPS or SITE for purposes other than specified herein or set forth in a separate agreement.
7. Term and Termination
This AGREEMENT will remain in full force and effect once YOU download or use the APPS or SITE.
Upon any violation by YOU of this AGREEMENT, Kessil® / DiCon Fiberoptics, Inc. reserves the right, at its sole discretion, to immediately terminate YOUR ability to access the APPS and SITE.
Kessil® / DiCon Fiberoptics, Inc. reserves the right to discontinue the APPS and SITE at any time, for any reason, and to cancel YOUR access to the APPS and SITE. Kessil® / DiCon Fiberoptics, Inc. reserves the right to remotely disable the APPS or SITE on any device(s) or service provider if they violate the terms and conditions in this AGREEMENT.
By inputting data, submitting content (including without limitation, comments to social media, posts to social media, and sharing to social media) or engaging in any other form of communication through the APPS or SITE, YOU grant Kessil® / DiCon Fiberoptics, Inc. a royaltyfree, transferable, perpetual, nonexclusive, irrevocable, unrestricted license to (i) use, copy, sublicense, edit, modify, translate, reformat, distribute, share, publicly perform, display, reproduce or create derivative works from any content in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such contents. For each item of content, YOU represent and warrant that YOU have all rights necessary for YOU to grant the license granted in this section, and that such license complies with all applicable laws, rules and regulations.
Kessil® / DiCon Fiberoptics, Inc. takes security seriously and takes reasonable measures to protect users' information. Kessil® / DiCon Fiberoptics, Inc. is not, however, responsible for any information YOU share with other users or other third parties.
10. Personal Safety
When using the APPS or SITE, please be certain that anything YOU say, share, or post does not compromise YOUR personal safety. Do not provide YOUR name, phone number, postal or email
address, YOUR Facebook, Twitter or Google login ID and password, or any other personally identifiable information to people YOU do not know. Do not continue any conversation online that
makes YOU feel uncomfortable.
Please note that Kessil® / DiCon Fiberoptics, Inc. is not liable, and bears no responsibility for any damages resulting from the use or misuse by any third party, when information is made public through the APPS and SITE by YOU.
11. Legal Requirements
Kessil® / DiCon Fiberoptics. Inc. may be required to disclose user information to appropriate government authorities in accordance with the law, whether by subpoena or other legitimate
request. and reserves the right to comply with such legal requests.
12. Kessil® / DiCon Fiberoptics. Inc.'s Liability
In no event shall Kessil® / DiCon Fiberoptics. Inc. or any other subsidiary or affiliate be liable for any direct, indirect, incidental, or consequential damages arising out of or relating to the use or misuse of the APPS and SITE. Since some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Kessil® / DiCon Fiberoptics. Inc. or any other subsidiary or affiliate in such jurisdictions shall be limited to the extent permitted by law.
In no event shall Kessil® / DiCon Fiberoptics. Inc. or any other subsidiary or affiliate be liable for any failure, interruption or error with respect to any aspect of the APPS and SITE, including the availability and functionality of any services and features.
13. Disclaimer of Warranty
The APPS and SITE are provided by Kessil® / DiCon Fiberoptics. Inc. without warranty of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Kessil® / DiCon Fiberoptics. Inc. disclaims any and all liability to any person or entity for the use of the APPS and SITE. YOU assume all risk to you and your property of using the APPS and SITE. Kessil® / DiCon Fiberoptics. Inc. does not represent or warrant that the APPS or SITE are complete or free from failure, interruption, error, nor does it represent or warrant that its customer service will be available twentyfour hours a day, seven days a week. Kessil® / DiCon Fiberoptics. Inc. makes no representations or warranties about the legality or propriety of the use of the APPS or SITE in any geographic area.
14. No Resale or Unauthorized Commercial Use
The APPS and SITE are provided for YOUR private, noncommercial use at no cost. YOU agree not to resell or assign YOUR rights or obligations under this AGREEMENT. YOU also agree not
to make any unauthorized commercial use of the APPS and SITE.
YOU agree to defend, indemnify, and hold harmless Kessil® / DiCon Fiberoptics. Inc., its subsidiaries and affiliates, and its respective employees, directors, dealers, and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any user content or other material YOU provide to through the APPS and SITE, (ii) YOUR use of the APPS and SITE, or (iii) YOUR breach of the terms of this AGREEMENT. Kessil® / DiCon Fiberoptics. Inc. shall provide notice to YOU promptly of any such claim or suit.
Any dispute or claim relating in any way to YOUR use of the APPS and SITE will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
• There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms and conditions of this AGREEMENT as a court would.
• Kessil® / DiCon Fiberoptics. Inc. and YOU agree that claims may only be brought in an individual capacity and in the name of an individual person or entity and that claims must proceed on an individual and nonclass and nonrepresentative basis. Kessil® / DiCon Fiberoptics. Inc. and YOU agree that claims of two or more persons may not be joined or consolidated in the same arbitration or claim unless arising from the same transaction. Furthermore, Kessil® / DiCon Fiberoptics. Inc. and YOU agree that neither YOU nor Kessil® / DiCon Fiberoptics. Inc. may pursue the claims in arbitration as a class action or private attorney general action or other representative action, nor may any such claims be pursued on either of our behalf in any court, including assigned claims.
By using the APPS and SITE or agreeing to download, install or use the APPS, YOU agree to the
terms and conditions of this section.
17. Feedback, Submissions or Complaints
Kessil® / DiCon Fiberoptics. Inc. welcomes all comments, feedback or complaints regarding the APPS and SITE, which YOU submit to us by email, through the APPS or SITE, or by any other
means. Such comments, feedback or complaints, including but not limited to creative ideas, suggestions, notes, materials, schedules, copyrights, intellectual property rights, and patents, may be used by Kessil® / DiCon Fiberoptics. Inc. freely, perpetually, nonexclusively, and unrestrictedly. YOU understand and agree that all comments, feedback or complaints shall be considered nonconfidential and become the property of Kessil® / DiCon Fiberoptics. Inc. upon receipt.
Any disclosure, submission, or offer of any comments, feedbacks, and complaints constitutes an assignment to Kessil® / DiCon Fiberoptics. Inc. of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such comments, feedbacks, and complaints. Kessil® / DiCon Fiberoptics. Inc.may copy, modify, sell, assign, transfer, distribute, publish, display, reverse engineer, create derivative works of, and otherwise use in any medium, any comments, feedbacks, and/or complaints that YOU send to Kessil® / DiCon Fiberoptics. Inc.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If YOU have a question or complaint regarding this Service Agreement,
please send an email to email@example.com or write to 1689 Regatta Blvd, Richmond, CA 94804. California residents may reach the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916)4451254 or (800)9525210.
18. Customer Support
All customer support for the APPS and SITE will be conducted via email and/or via phone at (510)6205250.