Terms & Conditions

OVERVIEW

This website is operated by ADC Solutions USA, LLC (dba Horizon Brands). Throughout the site, the terms “we”, “us” and “our” refer to ADC Solutions USA, LLC. ADC Solutions USA, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us (“Product”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - Data Retention

We collect all information shared with us through direct contact with customer support for the purpose of improving future customer support experiences, product improvements, and fraud prevention. This may include call and chat records, attachments, video clips, social media interactions, and e-mail exchanges. We will never ask you for your credit card information or account password. Some data is kept until you choose to remove it or delete your account such as video history, clips, or profile information.

Business and legal requirements may oblige us to retain certain information, for an extended period of time. These reasons may include:

  • Security, fraud & abuse prevention
  • Financial record-keeping
  • Complying with legal or regulatory requirements
  • Ensuring continuity of our services
  • Your direct communication with ADC Solutions USA, LLC, or its affiliates, officers, directors, employees, licensors, or network service providers


SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 7 – EXTENDED WARRANTY (if applicable)

You agree the extended warranty only extends to the original purchaser, and only for Products sold from an authorized reseller of ADC Solutions USA, LLC products in the United States and Canada. Only Products with the extend warranty offer card included in the packaging are eligible for extended warranty coverage, and only if the original purchaser registers their Product within the timeframe mentioned on the extended warranty card.

Extended warranty does not cover items purchased for resale, used, or pre-owned items, and does not cover consumable parts, such as batteries. It is not transferable or assignable to subsequent purchasers. No warranty work will be provided under this extended warranty without reasonable proof of purchase. Our maximum liability under this warranty is limited to the original purchase price of the Product in question, and does not cover any service or installation fees. Please keep your dated sales receipt; it is required for all warranty requests.

Once your claim has been verified, an ADC Solutions USA, LLC customer service representative will inform you if the product will be repaired or replaced at the discretion of the customer service representative. We will have no extended warranty obligations if it determines the product is ineligible for extended warranty coverage. Ineligible Products include, but not limited to: (i) Products purchased through an unauthorized third-party reseller including eBay and other third-party e-commerce sites; (ii) Pre-owned items; (iii) Products that have been subject to modifications, alternations, tampering, improper maintenance, or improper repairs; (iv) Counterfeit products; (v) Improperly installed products; (vi) Acts of God (e.g. floods, fire, lightning, earthquakes, hurricanes, tornados, etc.), (vii) Stolen or vandalized products; (viii) Abuse of extended warranty; (viiii) Suspected fraud or repeat claims; (x) Products used outside the country the product was originally purchased from; and (xi) Late, lost, delayed, damaged, misdirected, incomplete, or unintelligible claims. This warranty does not extend to other equipment, components, or devices that a customer uses in conjunction with our products.    

We may, at any time in our sole discretion and without prior notice, terminate, cancel, alter the requirements, or suspend the extended warranty program. 

For warranty and extended warranty requests, you will be required to return your existing device in accordance to the directions provided by an ADC Solutions Hardware, LLC customer service representative.


SECTION 8 - Video and Audio Use (if applicable)

It is the responsibility of the consumer to ensure any camera or audio recording Product is used in a manner that complies with local, state and federal laws. Privacy and video surveillance laws in your jurisdiction may vary for monitoring, recording, or use of our Products and Services. You agree that it is your responsibility to ensure you comply with any applicable laws when you use any Product or Service.

Capturing, recording or sharing video and/or audio content that involves other people, or capturing peoples’ facial feature information, may affect their privacy rights. In most cases, reasonable expectation of privacy guidelines should be followed, including but not limited to: 

(1) any laws or regulations relating to the recording or sharing of video or audio content, and/or (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the product or service.

In addition, you agree (a) that installation of any Product which takes visual and/or audio recordings will be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); (b) to prominently display appropriate signage advising others that audio/visual recording is taking place; and (c) if you use your property as a workplace, to comply with laws governing the monitoring of employees.

The Koda application contains AVC encoding and/or decoding functionality, commercial use of H.264/AVR requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN KODA CAMERS PRODUCTS ARE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECORD AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA L.L.C. SEE http://www.mpegla.com.


SECTION 9 - Recordings and Shared Content (if applicable)

It is strongly encouraged that you download and save any important user recordings. You are solely responsible to back-up your user recordings to another location made outside our provided Service to avoid loss of your user recordings and other data.

We do not claim ownership of your intellectual property rights for any recorded, saved, or shared content. However, by purchasing or using our Product or Service, you give us the right, without any compensation or obligation to you, to access and use your recordings for the limited purposes of providing services to you, protecting you, improving our Products and/or Services, developing new Products and/or Services, and as otherwise set forth in our privacy notice.

Additionally, you give us the right, without any compensation or obligation to you, to access any publicly shared content and related location information for the purpose of publicly sharing such recordings and information with current and future users and allowing those users to comment on the shared content. You also expressly consent and agree that we may share your publicly shared content and related location information with any law enforcement agency that requests access to such shared content and related location information. You further acknowledge and agree we may access, use, preserve and/or disclose your user recordings and shared contents to law enforcement authorities, government officials, and/or third parties, if legally required to do so if we have good faith belief that such access, use, preservation or disclosure is reasonably necessary to:

(1) comply with applicable law, regulation, legal process or reasonable governmental request;

(2) enforce these Terms, including investigation of any potential violation thereof;

(3) detect, prevent or otherwise address security, fraud or technical issues; or

(4) protect the rights, property or safety of us, our users, a third party, or the public as required or permitted by law.

Deleted content and user recordings may be stored by us in order to comply with certain legal obligations and are not retrievable without a valid court order.


SECTION 10 - Technical Limitations / Parental advisory

Video and/or audio streaming and the Koda applications may be subject to occasional interruptions, delays, and/or failures outside our control. Neither we nor any of our content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any data or notifications displayed by any Products or Services.

We accept no liability for any problems associated with damages or losses to your software, hardware, theft of Product, theft on your property, or destruction of, and/or loss of electronic data, including but not limited to data, information, audio or video recordings, files, cloud storage, or any other media which are used with electronically-controlled equipment.

We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the product software and related services. These may be automatically installed without providing any additional notice or consent. You consent to this automatic update. If you do not want such updates, you agree to stop using the product and service. If you do not cease using the Product or Service, you will continue to receive updates automatically.

Use of some Product or Service requires that your product has access to an always-on, broadband internet connection. To enable the Koda application Service, all smart home products must be registered at www.kodabuilt.com or Koda applications, such as the official Koda iOS and Android apps. Geographic limitations may apply if purchased outside the United States and Canada.

You acknowledge that use of built-in apps, services, and software that transmit data could impact changes to your data plan, and that you are responsible for any such charges.

THE ADC SOLUTIONS USA, LLC SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE ADC SOLUTIONS USA, LLC SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS DVISED FOR ALL USERS UNDER THE AGE OF 18.


SECTION 11 - No Emergency Services Offered

This is not a security system nor connected to a professional monitoring system for emergency notification or service. We do not monitor for emergency situations and will not dispatch emergency authorities to your home in the event of an emergency. No warranty or representation that use of the products and/or services will affect or increase any level of safety has been made. You acknowledge that the Product and/or Service are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety, and emergency events should be directed to the appropriate response services.

Please contact local law enforcements or licensed emergency response agencies directly in the event of an emergency. Contact to your relevant emergency services providers should be done through a mobile, landline telephone, or other service.


Section 12 - Installation Terms and Conditions (if applicable)

Installation of your device may be performed by an independent professional installer through an installation service card contact included with the packaging of your Product. This independent professional installer and the service company offered is not affiliated with us nor an employee, subcontract, or agent of ours. We assume no liability for the actions, inactions or any wrongdoing of the installer or service company the installer is contracted by.

Any installation services, fees, and/or warranty of services is expressly between yourself and the installation service company and/or contracted installer.

To the maximum extent permitted by applicable law, in no event will we be liable for any damages, including any property damage arising from or relating to the installation services; any indirect, consequential, exemplarity, special, or incidental damages, including any property damage or damages for lost data or lost profits, arising from or relating to the installation services, even if we or our affiliates, officers, directors, employees, licensors, or network service providers knew or should have known of the possibility of such damages; and total cumulative liability arising from or related to the installation services, whether in contract or tort or otherwise, exceed the fees actually paid by you to us for installation services. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, shortage of labor or materials, civil commotion, riot, government action, terrorist or cyber-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 transportation.


SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 14 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 15 - THIRD-PARTY LINKS


Certain content, Products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 17 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here.


SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 19 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 20 - Violation of Terms and Services

If your use of the Product or Service is prohibited by applicable laws, then you aren’t authorized to use the services. We cannot and will not be responsible for your using the Product and/or Service in a way that breaks the law.

You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you agree to hold us harmless of any damages that may result from you sharing your account information and user name. You are responsible for any activity associated with your account.

You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the products and/or services or interact with the products and/or services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
  2. Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Koda account or anyone else’s (such as allowing someone else to log in to the services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Transmits any form of auto-responder or “spam”, “junk mail, or “chain letter” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Infringes upon any patent, trademark, trade secret, copyright, or other prioretary rights of any party.

A violation of any of the foregoing is grounds for termination of your right to use or access the products and services. We are not responsible for any compensations or obligations as a result of this termination of your access to the Products and/or Services.


SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ADC Solutions USA, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the sService or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF ANY PRODUCTS AND SERVICES PERFORMED BY OR ACCESSED THROUGH THE KODA APPLICATION OR SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

ADC SOLUTIONS USA, LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES OFFERED, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE KODA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE KODA SOFTWARE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE KODA SOFTWARE OR SERVICES WILL BE CORRECT, OR THAT THE KODA SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES. INSTALLATION OF THE KODA APPLICATION MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES, AS WELL AS KODA PRODUCTS AND SERVICES.

YOU FURTHER ACKNOWLEDGE THAT PRODUCTS AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONENT, DATA OR INFORMATION PROVIDED BY PRODUCTS AND SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF EMERGENCIES.


SECTION 22 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless ADC Solutions USA, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 23 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 24 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

When you remove your Koda account, we disable the login and then start the account deletion process. It may take a few months for the data to be deleted in our systems.

When you remove devices from your Koda account, it is always recommended you manually reset the device as well before recycling the Product. 


SECTION 25 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 26 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2975 Red Hill Ave., Ste 100, Costa Mesa, California 92626 U.S.


SECTION 27 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 28 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at customercare@winplususa.com.

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