Effective Date: November 5, 2015
1. APPLICABILITY OF THIS POLICY. This Policy covers our treatment of information that is collected by us or submitted by you in relation to your use of the Service, including automatically collected non-personally identifiable information, personally identifiable information, User Data, and User Content. When you visit the Service without registering for an Account, you can browse without submitting any personally identifiable information. In order to set up an Account and use the Service, however, you may be asked to provide personally identifiable information, such as your name, email address, home address, billing address, and telephone number. This Policy does not apply to information collected by third parties, including our third party payment processor or any Linked Sites. We have no control over, and no responsibility or liability for any third party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Be sure to review the privacy policies of any Linked Sites or other third party services you may access.
2. CHANGES TO THIS POLICY. Deako reserves the right to revise this Policy from time to time by updating it and posting it at: www.deako.com/privacy with the revised Policy taking effect on the date of Posting. You should review this Policy from time to time so you are familiar with the most current version. Your use of the Service after the Effective Date posted above will constitute your acceptance of the updated Policy.
3. INFORMATION COLLECTION. We collect the following types of information:
* Account, Login, Purchase, and Shipping Information. If you create an Account on the Site or Application or pre-order or purchase any Products from Deako using the Site, you will be asked to provide some personal information about yourself, including, but not limited to, your first and last name, your email address, your shipping address, your phone number, credit card information, the names and addresses to whom purchases are shipped (if applicable).
* Email Address Collection. You may provide your email address to us in order to receive updates related to Deako products and services even if you do not sign up for an Account or make a purchase. In addition to updates about Deako products and services, we may use your email address to send you newsletters, promotions, or advertisements that we think may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt-out link in any non-Service related email you receive.
* Information Collected by Products; User Data. If you purchase and use any Products with the Service, including, but not limited to, switches, dimmers, WiFi Bridge (“Products”), we 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; times and dates of usage; and technical information from the Products, such as Product model, serial number or software version, Product status, Product settings, Wi-Fi or Bluetooth connectivity or signal strength, scenes, usage statistics, and use of system and Application software (all collectively, “User Data”). The collection and use of your User Data allows Deako to track use of the Products; send notifications to you about your Products; and to otherwise provide the Service to you. If you have multiple Products, your User Data may be shared between those Products. For example, User Data concerning usage statistics may be transmitted between the Products in your home and your mobile device or Deako’s servers. As soon as you connect the Products to your Wi-Fi or Bluetooth network, the Product will regularly collect and send your User Data to Deako. We will store your User Data indefinitely and in a profile specific to you and some User Data may be stored directly on Products.
* Location Data. Certain features available in the Service may allow or require us to obtain your location information, including GPS coordinates in real time (“GPS Location”). Your GPS Location may allow us to locate you with a high degree of precision. If the Service is unable to acquire your GPS Location, certain features of the Service may not be available to you. We may collect and use GPS Location information over time to offer you services or to protect, enhance, or update the Service.
* Support Requests or Communications Submitted by You. Any personal communications that you or a third party voluntarily submits to us in any format, including by email, postal mail, or any other method of communication may be collected and saved indefinitely in a profile specific to you.
* Automatically Collected Information. Similar to other web sites and mobile applications, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Service. This information does not identify you. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of each request you make. We collect this non-identifying information in order to better understand our customer base, to more efficiently operate our business, to promote our products and services, and to improve the quality of the Service. We do not link analytics information with any of your personally identifiable information, or User Data. We may automatically collect information using various mechanisms, including but not limited to:
Pixels (aka web beacons/web bugs/java script). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics providers may place pixels on the Site that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the Service. We do not control the use of pixels by third parties.
4. INFORMATION USE.
* General. We will use your personally identifiable information to operate, manage and administer your Account and the Service; to fulfill your orders for Products; to provide you with support or a more personalized experience; to communicate with you; to monitor Service usage; to improve the Service or Products and to develop and test new products, services, websites, or applications; to match interests; to provide you information about products and services (including the products and services of third parties); to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Policy and the Terms; to measure consumer interest; or for any other purpose described in this Policy or described to you at the time of collection.
* Communications. We may use your personally identifiable information to send you emails, notifications, text messages, or other communications related to your use of the Service, your Account, your orders for Products; or to respond to your inquiries or requests. You may not opt-out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt-out link in any non-Service related email you receive. If you opt-out, you will continue to receive Service-related communications from us.
* Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analysing trends, managing and administering the Service, tracking users’ movements, to create new products or services, for research purposes, or to improve our business and the Service. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. Aggregate information will not be connected with your personally-identifiable information.
5. INFORMATION DISCLOSURE.
* Affiliated Entities and Service Providers. We may disclose your information, including personal information, to any affiliated entity or organization, business partner, and to agents and service providers to help us operate the Service, improve our business or the Service, to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that provide support for the Service. Use of information by affiliated entities and service providers will be subject to this Policy or an agreement at least as restrictive as this Policy. We will not share your personal information for marketing purposes or with other third parties for purposes unrelated to the Service without your explicit consent.
* Legal Requirements. In some cases, we may disclose your information, including personal information, User Content, or User Data (i) as required by any applicable law or legal regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.
* Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, User Content, and User Data, to prospective or actual purchasers in connection with one of these transactions.
* Aggregate Information. We may share aggregate information with our affiliated entities and service providers, business partners, or with other third parties or the general public. We may publish information about usage statistics and trends and connect this information with certain demographic information. We may disclose this information in order to contribute to research, or to improve the Service and Products. We will take reasonable steps to ensure that aggregate information is never associated with you or your personal information.
* Disclaimer. We cannot ensure that all of your personal information and User Data will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personal information or User Data. No transmission of data over the internet can be 100% secure.
6. INFORMATION RETENTION. We may retain your information (including personally identifiable information and User Data) indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud, abuse or a breach of our contract. By accessing, using, or registering for the Service, you consent to our information retention practices. If you cancel your Account or your Account is otherwise terminated, we may, but are not obligated to, delete any information we have collected or obtained from you or third parties and we may continue to store, use, and disclose that information in accordance with this Policy. Deako does not undertake any retention obligations through this statement.
7. INFORMATION SECURITY MEASURES. Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer, the Products, and the third party servers that operate and store information for the Service. The personal information and User Data we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information and User Data once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
9. CHILDREN’S PRIVACY.
* The Service is not for or Directed Towards Children. You must be 18 years of age or older to use the Service. Children under the age of 13 are prohibited from registering for an Account and we will never knowingly collect any information from children under the age of 13. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: firstname.lastname@example.org.
* California Minors. The Service is not available to users under age 18. If you are a California resident under age 18 and you believe your information has become publicly-available in the Service and you are unable to remove it, you may request removal by contacting us at: email@example.com. When requesting removal, you must be specific about the information or User Content you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any User Content or information that: (1) federal or state law requires us or a third party to maintain; (2) the User Content or information was not posted by you; (3) we anonymize the User Content or information so that you cannot be identified; (4) you do not follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the User Content or information. REMOVAL OF YOUR USER CONTENT OR INFORMATION FROM THE SERVICE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT USER CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the User Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the User Content or information or render it invisible to other users and the public.
10. CALIFORNIA SHINE THE LIGHT LAW. California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us at: firstname.lastname@example.org.
12. ACCESSING, UPDATING, OR DELETING YOUR USER CONTENT AND PERSONAL INFORMATION. You may access, update, or delete your personal information by contacting us at: email@example.com. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your Account is terminated for any reason, your information will no longer be accessible through your Account or associated with your Account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.
13. PRIVACY QUESTIONS. If you have questions, concerns, or suggestions regarding this Policy, please contact us at: firstname.lastname@example.org.
Effective as of: January 30, 2018
1. ELIGIBILITY. 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, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 18 or are otherwise unable to accept and agree to these Terms, 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 or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
2. SERVICE. Deako may offer Products for sale as part of the Service. In order to use such Products, you may need to create an Account and access that Account as set forth in Section 4 of these Terms, below.
1. **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. Prices for Products do not include shipping costs. Our delivery charges and methods are as described on the Site from time to time. Refused deliveries will be returned to Deako.
2. **Product Prices and Availability; Cancellation.** Current prices for Products are described on the Site. Deako may change pricing at any time and in its sole discretion, but changes will not affect any order for Products you have already placed. 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. Deako reserves the right to change or discontinue any product or service at any time and without notice. Deako 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, Deako will contact you.
3. **Pre-Orders.** Your placement of a pre-order does not create a contract for sale for a Product not offered for sale by Deako. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Deako to purchase the Product subject to these Terms. Deako will obtain an authorization from your bank or payment card company at no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made. You may cancel your offer to purchase the Product at any time prior to shipment and you will not be charged. When the Product is offered for sale, Deako may accept your offer to purchase Products subject to these Terms. At that time, Deako will capture payment on the payment card you provided and ship your Product. Deako may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
5. **Returns.** It is your responsibility to assure the quality of all goods upon receipt. If you are the original purchaser of a Product and you are not satisfied with the Product for any reason, you may return the Product within 30 days of the original purchase date and receive a full refund. If you do not return the Product within 30 days of the original purchase date, you will not be eligible for a refund. To initiate a return, please email email@example.com or call 1-844-673-3256. You will be responsible for all costs (including shipping costs) associated with returning the Product to Deako. If you request we ship you a replacement Product before we receive the original Product, and you do not return the original Product within 30 days of us shipping the replacement Product, you will be charged for the replacement Product. We may reduce the amount of your refund to reflect any reduction in the value of the returned Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics, and functioning. If you purchased the Products from somewhere other than Deako, please contact the reseller to return the Products.
6. **Compatibility.** Deako is not responsible for the compatibility of the Products with your property, the specific locations in which you intend to use the Products, with other equipment in your property, the electrical wiring box of your property or the power grid. Prior to making a purchase, you should determine whether the Products will be compatible with your property. You must also confirm that the Wi-Fi or Bluetooth service available in your property is sufficient to support the use of the Products. You accept that lack of compatibility is not a valid claim under the warranty provided with our Products and does not otherwise constitute a basis for receiving a refund after the 30-day return policy described above.
7. **Transfer and Resale.** Deako 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 property, at any time. Transfer or resale may, however, require account changes, activation of a new account, or activation of additional accounts and Deako 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 Deako’s limited product warranty.
3. **LIMITED PRODUCT WARRANTY.** Our product warranty can be found at [www.deako.com/limited-warranty](www.deako.com/limited-warranty).
4. **ACCOUNT REGISTRATION.** In order to use the Service, you may register for an account with Deako on the Site or Application (“**Account**”) and connect your Products with that Account. You may access and control your Account through the Application or by visiting [www.deako.com](https://www.deako.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 Deako 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 Deako 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.
5. **LICENSE TO USER CONTENT.** Deako may, from time to time, allow you to submit content to the Service. For example, you may upload comments or photos of the Products in use in your property. Deako 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 Deako 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. Deako reserves the right to remove or modify User Content if it violates these Terms or is offensive.
6. **FEEDBACK.** 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. Deako shall have all intellectual property rights in or relating to any communications you send to Deako and may use such communications for any purpose in its sole discretion.
7. **LICENSE TO USER DATA.** Deako will collect some information related to your purchase of Products and use of Service, including, but not limited to: data collected from the order form, information collected during Product setup, such as information about the exact address where the Product will be used or the location within your property where Products will be used; times and dates of usage; and technical information from the Products, such as Product model, serial number or software version, Product status, Product settings, Wi-Fi or Bluetooth connectivity or signal strength, scenes, usage statistics, and use of system and Application software (all collectively, “**User Data**”). By purchasing and using the Products and Service, you authorize Deako 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 Canada, and all safety warnings, information, instructions, and support services are provided in English. The Products are not intended and tested for use outside of the United States and Canada, and Deako is not liable or responsible for any liability arising from use of the Products outside of these jurisdictions. If you use the Service outside of the United States and Canada, you are responsible for compliance with all local laws. You are responsible for the installation of all Products and Deako 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. You understand and accept that the Service are not designed for use outside of the United States and Canada, and some or all of the features of the Service may not work or be appropriate for use in such country. 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 Deako and/or its licensors. Subject to your compliance with these Terms and, if you access or use the Application on Apple iOS, the usage rules set forth in the iTunes App Store Terms of Service, Deako 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 Deako 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 Deako. 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.** Deako, 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 Deako logos and trademarks referenced in the Service are the trademarks of Deako 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.** Deako 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 for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Deako 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.
12. **UPDATES.** Deako has no obligation to and may not provide updates for the Service. If Deako 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 Deako provides additional terms along with any Update, those terms will apply to the Update. You agree that Deako may automatically check your version of the Service and may automatically send Updates to your device. Deako may add new features or remove existing features offered through the Service. Deako also reserves the right to discontinue your access to the Service. Deako may, in its sole discretion, release subsequent versions of the Service and require you to obtain and use the most current version.
13. **CHANGES TO THESE TERMS.** Deako reserves the right to change these Terms at any time upon notice to you. 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.deako.com/terms](https://www.deako.com/terms). The updated Terms are binding on you as of the next date that you use the Service after the date of 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. **TERMINATION.** You may terminate your Account or your use of the Service at any time. Deako 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 25 of these Terms will survive termination.
16. **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. DEAKO 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, DEAKO, 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 DEAKO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICE OR PRODUCTS WILL PROVIDE SAFETY IN YOUR PROPERTY. YOU USE ALL PRODUCT INFORMATION, THE SERVICE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND DEAKO 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 PROPERTY, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, THE SERVICE, OR PRODUCTS.
17. **DISCLAIMER OF CERTAIN DAMAGES.** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will DEAKO 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 DEAKO or any OF ITS AFFILIATES, suppliers, or licensors has been advised of the possibility of such damages.
18. **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, DEAKO’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 PRODUCT and service, 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. The limitation of liability set out in this section does not apply to liability resulting from Deako’s gross negligence or willful misconduct or death or bodily injury caused by Products you purchase through the SERVICE.
19. **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.
20. **NOTICE ON POTENTIAL LIMITS OF SECTIONS 16, 17, AND 18. Nothing in Sections 16, 17, or 18 will be interpreted as excluding liability which cannot under applicable law be excluded.**
21. **Force Majeure**. Deako will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the Terms or a contract that is caused by an act or event beyond our reasonable control, including without limitation act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22. **INDEMNIFICATION.** You agree to defend, indemnify, and hold Deako 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 use of the Products and the Service on your property; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.
23. **DMCA Copyright Notice and Takedown Procedures.** Deako 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:
4201 Roosevelt Way NE, Suite 100
Seattle, WA 98105
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. 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
6. 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, Deako may remove or disable access to infringing material.
24. **NOTICES.** Deako may give you all notices (including legal process) that Deako is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to Deako. You acknowledge that if you do not provide Deako with current and accurate contact information, Deako may not be able to contact you. You agree to send Deako notice by emailing it to the following address: [firstname.lastname@example.org](mailto:email@example.com).
25. **GOVERNING LAW AND DISPUTE RESOLUTION.**
1. **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.
2. **Negotiation.** You and Deako 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.
3. **Mediation.** Subject to Section 24(B), you and Deako 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 Deako 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.
4. **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 DEAKO 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 DEAKO, 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 DEAKO 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 DEAKO 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 DEAKO 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: 4201 Roosevelt Way NE, Suite 100, Seattle, WA, 98105. Deako will attempt to notify you in writing of any dispute if Deako has your email or mailing address. If Deako does not have your address, Deako 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. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. You and Deako each are responsible for your own respective costs relating to the arbitration, except that Deako 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. Any arbitration shall be confidential, and neither you, nor Deako, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award.
26. **Export Controls.** You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service is obtained.
27. **APPLE IOS USERS.** If you are using the Application on Apple iOS, the parties acknowledge that these Terms are concluded between you and Deako only, and not with Apple, and Apple is not responsible for the Application and the contents thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Deako, not Apple, is responsible for addressing any claims from you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to, product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. Deako, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim attributable to the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
28. **GENERAL.** 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.” Deako’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 Deako if it is in a written document signed by Deako. 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 Deako intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Deako 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. Deako 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 Deako’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 Deako with respect to the Service. Both you and Deako warrant to each other that, in entering this agreement, neither Deako 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 Deako, or Deako’s successors and permitted assigns, will have any right to enforce these Terms.
29. **CONTACT INFORMATION.** If you have questions, concerns, or suggestions regarding the Service, Products, Application, your Account, or these Terms, please contact us at: [firstname.lastname@example.org](mailto:email@example.com).