Legal

Privacy Policy

Smart Door and Delivery, LLC (“SD&D”) provides this “Privacy Policy” to inform our users of our policies and procedures regarding the collection, use and disclosure of the personal information that we receive when they visit and use the www.smartdooranddelivery.com site and any websites owned or operated by SD&D ( the “Site” or collectively, the “Sites”), and when they use any of SD&D’s products, services or applications (such as our mobile application). For ease of reading in this Privacy Policy, the Sites, products, services and applications are referred to collectively as the “Service” or “Services”. This Privacy Policy applies only to information that you provide to us when you use the Services.

Your use of our Service indicates your agreement to this Privacy Policy. If you do not agree to any part of this Privacy Policy, then you should stop accessing the Service.

Changes to Privacy Policy

This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email or other messaging systems (sent to the address specified in your account), otherwise through the Service (e.g. in our blog or by a notice when you log in), or by means of posting an updated version of this Privacy Policy on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service and we will update the “last updated” date at the end of this Privacy Policy to reflect the date of such new terms or changes. In all of the above cases, your continued use of the Service after any notice or posted modified Privacy Policy indicates acceptance of the modified Privacy Policy.

Collection of Personally Identifying Information

In the course of using the Services, you may provide and we may collect certain personally identifying information that can be used to contact or identify you, administer your account and to provide the Services (“Personally Identifying Information” or “PII”). PII may include, but is not limited to, your name, photo, phone number, credit card or other billing information, device information, email address, and postal addresses. You may at any time refuse to provide the PII that we request; however, this may limit our ability to sell you products or to provide the Services to you.

How We Use Personally Identifying Information

PII is used for the following purposes: (i) to provide, administer and improve our Services, (ii) to better understand your needs and interests, (iii) to fulfill requests you may make, (iv) to personalize your experience, (v) to provide Service announcements, (vi) to provide you with further information and offers from SD&D or third parties; (vii) to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by SD&D or our business partners; and (vii) to comply with our legal obligations, resolve disputes with users, enforce our agreements and to protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity.

Website Visitors

Like many websites, we collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We (and our third-party analytics providers, such as Google Analytics) may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services.

We may employ and/or our third party tracking utility company may employ software technology called trackers, counters, or beacons that help us better manage content on our Site by informing us what content is effective. These technologies may also be included in or associated with e-mails or other communications that you receive from us (or our partners) in order to help us track your response and interests and to deliver you relevant content and services. We may tie information gathered by such tracking technology to PII.

Information Related to the Use of the Services

Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both account holders and non-account holders. Log Data may include information such as a user’s Internet Protocol (IP) address, location, device and browser type, operating system, the pages or features of our Services to which a user browsed and the time spent on those pages or features, frequency with which the Services are used by a user, search terms, the features and links on our Services that a user clicked on or used, and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our users’ needs and preferences.

Purchase Information

If you pre-order or purchase SD&D products from our Site, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. Your name, email address, billing and shipping address and the last four digits of your credit card information will be stored. Our credit card processing service provider will encrypt and store full payment card information from you when an order is placed.

Order Tracking and Delivery Information

If you use the Services to track or manage deliveries, we may request additional information such as order details, order numbers, and tracking information. Additionally, you may give us permission to access this information by integration with third-party merchants and delivery providers. We use this information to provide the Services you request and we may share this information with guests and with the merchant or delivery providers. We may also share information about the volume and type of deliveries received in your household and the approximate location of your household with our service providers, advertisers, investors, merchants, delivery services, and other current and potential business partners.

Notifications and SMS Messages

Certain features of the Services require you to be able to receive notifications. For example, you may receive delivery notifications or may be asked to respond to a request to grant access for a particular delivery. Notifications may be sent via SMS (i.e. as text messages through your mobile phone carrier) or via push notifications to your mobile device (if supported by your platform). You may opt-out of receiving such communications by visiting the Site and changing your account preferences. You may also be able to disable push notifications from our Apps in your mobile device’s settings. Please note that opting-out or disabling these features may prevent the Services from functioning as intended. Additionally, we may still send certain required messages about the Services to you such as billing notices.

We may also, with your prior express written consent, send you marketing messages via SMS. You may stop receiving such messages by replying “STOP” or by visiting the Site and changing your account preferences. Please note that you may incur charges for receipt of SMS messages from your mobile phone carrier. You are responsible for all such charges.

Service Account Set Up

In order to use an SD&D product, you must download our mobile application and set up an account. During this process, we will ask you for certain information necessary to establish and use your account, including your name, telephone number, physical and email address, and profile photo.

Device and Application Operation

We may record information relating to the setup, general performance, and operation of our Service, your application and lock (and of other of our locks in your home or business or that you otherwise may access), including device status, logs of those who lock/unlock the device and Service, the guests that you invite, and those people who may invite you as a guest, to use the device and application. We may store this data along with your PII and other information about your use of our Service. We use this information to allow you (and us) to operate and monitor your device and our Service.

Mobile Data

When you use certain features of the Service, in particular our mobile applications, we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service or specific features of the platform). If you access the Service through a mobile device and you do not want your mobile device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your mobile device. See your mobile device manufacturer’s instructions for further details. Of course, if you do this, Service functionality that uses location information may not work.

Guest Access

As part of our Services, you may give others (“guests”) permission levels to access your SD&D device – e.g. to unlock and lock your door (and possibly even to pass this access along to others). Needless to say, you must be careful of the guests that you invite and the access that you give them. You are responsible for all uses of your account, so be careful to secure this information and only give access to people you trust.

Additionally, certain portions of your PII, device and Service information may be shared with the people that you invite, such as your name and lock location, and the status of the lock (e.g. locked or unlocked).   We may also collect PII (as required to use the Service as set forth in this Privacy Policy) about the guests that you invite in order to allow them to have access to your SD&D device and Service. All such information (including their Service usage information) is subject to, and will be used and disclosed as set forth in, this Privacy Policy. All guests expressly consent to such use and disclosure as a user of the Service. If you are a guest and do not consent to such use, you should stop using the Service. Guests should be aware that the person(s) providing access to a specific device may be able to see information about the guest’s usage of the device and our Service and may revoke or limit access rights in their discretion without notice. Guests should also be aware that their PII and usage information may be shared with third-party service providers as set forth in this Privacy Policy, including those service providers selected by the person(s) that invited you to use their lock (see “Your Third Party Service Providers” below).

We may allow you and your guests to communicate with each other directly or via your virtual guest book, and will use your and their PII for this purpose. Users can use the guest book to write thank you notes, leave instructions and read comments. Of course, you are responsible for contributions to the guest book – so use your good judgment about what you share.

In connection with the guest invitation process, we may ask for access to your contact list. We will only store information for contacts that you add as guests. We will only access and store such information with your express consent.

If you send us a request (for example via a support email or via one of our feedback mechanisms), we may use your information to contact you and provide support or a response. We also reserve the right to publish your request in order to help us clarify or respond to your request or to help us support other users.

Testimonials

We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can at www.smartdooranddelivery.com. If you provide us with comments or feedback we may collect your name and e-mail address, as well as any other content included in the e-mail to send you a reply and improve our Service.

Social Media Widgets

Our Site and Services may include social media features, such as the Facebook “like” button and widgets, such as the “share this” button. These features may collect your PII and track your use of the Services. These social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the Privacy Policy of the company providing such functionality.

Mailing List and Contact Information

You may choose to submit your email address or other contact information via our Services. We may use this information to send you Service-related notifications, as well as news about SD&D-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission. We will give you the ability to opt out of marketing-related e-mails by logging in and changing your account settings or by clicking on a link in each such e-mail. In some of our communications, we use tracking means, such as a “click-through URL” linked to content on the Site. We track this data to help us measure the effectiveness of our customer communications.

Aggregate and non-PII Information

SD&D may collect and analyze non-PII information about the performance of its Services. From time to time, SD&D may disclose and use aggregate and non-personally-identifying information for industry analysis, demographic profiling, marketing and advertising, and other business purposes, e.g., by reporting on trends in the usage of its devices, Sites or Services.

Disclosure to Third Parties

Except as otherwise described in this Privacy Policy, we do not share or sell the Personal Identifying Information that you provide us with other organizations without your express consent. Under this Privacy Policy you and your guests hereby consent to sharing under the following circumstances:

Our Service Providers. We may employ third party companies and individuals to administer and provide the Services on our behalf, (including, without limitation, bill and credit card payment processing, maintenance, administration, support, hosting and database management services). These third parties may have access to your PII only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Your Third Party Services. If you access our Service through a third-party, or otherwise use a third party service provider in connection with the Service, or request or authorize us to give access or data to a third-party service provider (e.g. a merchant, delivery service, property management or rental service, or other service that you may use) we may provide PII (about you and your guests) and other information about the Service, the SD&D device and their usage to such third-parties. You should only use trusted service providers, and give your authorization and information to trusted recipients. We encourage you to read the privacy policies and service terms of the third-party services that you use, as their privacy policies and terms govern their usage of the information that you provide them. While we make reasonable efforts to protect your information while it is under our control, we have no obligation with respect to the functionality of such third-party services or the use of such information under control of these third parties.

Information Shared with Other Users. If you invite a guest to access your device, then we may share certain elements of your information with them (name, lock location, picture, etc.) in order for them to understand the invite and access the device.   We may also similarly share their information with you.

Compliance with Laws and Law Enforcement; Protection of Rights and Safety. SD&D cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will use, and disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of SD&D or a third party, to enforce our Terms of Service, End User License Agreement, and this Privacy Policy, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

Business Transfers, Affiliates and Joint Ventures. SD&D may sell, transfer or otherwise share some or all of its assets, including your PII, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We may share your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control that we may have now or in the future, in which case we will require them to honor this Privacy Policy.

Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

Changing or Deleting Your Information

All SD&D users may review, update, correct or delete the PII in their registration profile by logging into their account and changing the “user preferences” associated with their account. Removing your information may limit our ability to provide the Services to you. If you completely delete all such information, your account will be deactivated and you may lose access to the Service and your use of the device. You may also contact us at www.smartdooranddelivery.com if you have additional questions or concerns. We’ll take steps to modify or delete your information as soon as is practical, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Links to Other Sites and Services

The Services may contain links to other websites or services. The fact that we link to a website or service is not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services. Other websites and services follow different rules regarding the use or disclosure of the PII you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit and services that you use.

Data Retention

We may retain an archived copy of your records as required by law or for legitimate business purposes. SD&D will retain PII for as long as needed to provide you Services, subject to this Privacy Policy. SD&D may retain and use this PII as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

The security of your personal information is important to us. We follow generally-accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

International Transfer

IMPORTANT: When you use the Service, your data may be sent to the United States and possibly other countries

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to SD&D, please be advised that we transfer PII to the United States and process it there (and possibly other countries). Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Last updated: February 23, 2016

Terms of Service

Thank you for using SD&D services. These terms of service (the “Terms”) govern your access to and use of the SD&D products, software, and services via our websites and mobile applications. This is a legal agreement between you and SD&D, so please read the Terms carefully before using the Services.

Introduction and Overview

Smart Door and Delivery, LLC and its subsidiaries and affiliates (“SD&D” or “us” or “we” or “our”), provides services via our website located at www.smartdooranddelivery.com and the SD&D mobile applications (the “Application(s)”). Both the website and the Application shall be hereinafter referred to as the “Site”. The Site (including all related software that we provide), together with all services that we may provide via the Site shall be known as the “Services.” Data from hardware containing our technology that you buy from us or our partners (“Device(s)”) will be uploaded to the Services. The hardware you purchase from us is not usable without your accessing the Services. Once enabled, the Services include online storage of your personal data, and the ability to manage and share your data.

By clicking “I Agree” on the Site, setting up a user account, or by accessing and using the Services (including the Site and Application), you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and to enter into this agreement. If you do not comply with the above statements, or disagree with any of the provisions of these Terms, you should disconnect your Devices and cease accessing or using the Services.

These Terms govern your use of the Services. Your purchase of any Device is governed by the limited warranty provided with that Device (“Limited Warranty”) and by the applicable terms and conditions of sale. The software embedded in the Device (and any updates thereto) (“Licensed Software”) is licensed and governed by the SD&D End User License Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. By using the Services, you are agreeing to any applicable Limited Warranty and End User License Agreement.

You should also review the SD&D Privacy Policy, which describes how we and our partners will use your personal information.

Registration/Passwords

To access the Services, you must register for a user account on the Service. The information you provide in the account registration form (the “Registration Information”) must be accurate and complete. You agree to update the Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. Your account is subject, in our sole discretion, to termination or suspension at any time (see “Termination” below for more details).

You are responsible for maintaining the confidentiality of the login name and password that you create. You agree to use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and to maintain the confidentiality of your password. You shall be responsible for all uses of your account and login information, whether or not authorized by you. You must notify us of any unauthorized use of your account, login information or password, and you should immediately change your password to prevent further unauthorized use. You grant us the right to use your Registration Information and any other information you provide in connection with the operation of the Site and as aotherwise set forth in our Privacy Policy.

Devices and Use of the Services

The Services are designed to be used in connection with one or more Devices containing our technology (e.g. a SD&D Smart Lock), which you may purchase from us or one of our partners.

Subject to these Terms, SD&D grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Site in connection with, and solely for the purpose of, controlling and monitoring the Devices installed on your property, or that you have been validly authorized to access, or to otherwise access a service explicitly provided by SD&D for your use, and (ii) installing and using the Applications solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the purposes set forth in (i) above. You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service.

Please note that we may from time to time update the Services, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.

Content on the Services

Certain materials may be displayed or performed on the Services, including, but not limited to text, data, graphics, images, video, audio and other material (collectively, the “Content”).  The Content is protected by copyright laws in United States and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the Content. You may only use the Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Services, including content posted by other members (“Third Party Content”). Except as may be expressly agreed by us, you may use the Content solely for your personal, non-commercial use in connection with the Services, and may not distribute, modify or make derivative works of any Content.

You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to SD&D all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for use and publication on the Service pursuant to these Terms.

We reserve all rights in the Service and Content not expressly granted to you by these Terms. We reserve the right to remove any Content from the Service at any time for any reason (including, without limitation intellectual property claims) or no reason at all.

Guests

As used in these Terms a “guest” is any person or entity that is given authorization by the owner or controller of a Device to use the Device or Services related to the Device. Please be careful to only invite trusted guests; by inviting someone to be a guest, you are giving them the ability to access to operate your Device.

These Terms and our Privacy Policy apply to all uses of the Services by guests and guests must accept these Terms before using the Services. Guests should be aware that the owner or controller of the device may see information about their use and access of the Device and Services, and may revoke or limit access rights in their discretion without notice.

Guests: if you do not wish to be subject to these Terms or your information to be used or shared, please decline the invitation and do not use the Services.

Deliveries Requiring Adult Signature

The Services may be configured to allow deliveries requiring an adult signature or age verification. This signature or age verification information may be shared with the service providing the delivery. If you use these features, you: (1) consent to us providing such information to the delivery service, shipper, or merchant, as applicable; (2) represent and warrant that the age verification information you provide is true and correct; (3) agree that any signature or other means of acknowledgement you provide will constitute your acceptance or confirmation of deliveries requiring a signature and you authorize us to provide such acceptance or signature on your behalf. You further acknowledge that you are responsible for controlling access to such deliveries once delivered.

Third Party Websites, Devices and Services

The Service may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, products and services including online merchants and delivery services (“Other Services”). Any links and interfaces are provided solely as a convenience to you. By accessing or using these Other Services, you are consenting to the creation of an interface with such Other Services, and agreeing that SD&D may exchange information and control data with such Other Services regarding you, your guests, orders that you make through such Other Services, delivery information, your products and use of the Services, including your and your guests’ personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. Moreover, use of such Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service. You should review the terms of use and privacy policies of such Other Services before using them. We do not exercise control over such Other Services. We do not endorse the materials contained on Other Services, and are not responsible for the performance of the Other Services. You acknowledge and agree that SD&D makes no representation or warranty about the safety of any Other Services. Accordingly, SD&D is not responsible for your use of any Other Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Other Services.

Your Use of the Site and Services

The Site is provided by us for your personal use only. You agree to use the Site and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site or Services.

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content via our Service that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, SD&D’s name, any SD&D trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SD&D’s express written consent;
• Use the Services in any manner which, in our sole judgment, degrades the user experience, reliability, speed, or operation of the Services, or any underlying hardware or software thereof;
• Access, tamper with, or use non-public areas of the Service, SD&D’s computer systems, or the technical delivery systems of SD&D’s providers;
• Attempt to probe, scan, or test the vulnerability of any Device, Service, software, system or network or breach any security or authentication measures, or to reverse engineer, decompile or otherwise attempt to gain the source code for any SD&D Service, Licensed Software or Device;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SD&D or any of SD&D’s providers or any other third party (including another user) to protect the Service, Licensed Software or any Device;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
• Use the Service to impersonate any person or send altered, deceptive or false source-identifying information, or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

We strongly recommend that you do not use the Service on a mobile device that has a “jail broken” or “rooted” operating system as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk.

Although we’re not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access the Service or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

System Requirements

The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Devices (certain Services may work without Wi-Fi); (ii) a valid user account; (iii) mobile clients installed on  a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by SD&D. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

Open Source

The Services may contain or be distributed with open source software or third-party software which may be covered by a different license. You are responsible for compliance with the applicable license terms.

Feedback

Except as outlined in these Terms, we do not grant you any right, title, or interest in the Services or any SD&D Content. We appreciate it when users send us feedback, but please only provide feedback, comments, or suggestions that you agree we may use without limitation. You hereby grant us an unrestricted, transferable license to use any feedback, comments or suggestions that you provide without limitation.

Termination and Service Changes

These Terms remain in effect as long as you continue to use the Services. You can stop using our Services any time. We reserve the right to suspend or terminate your use of the Services or your access to the Site at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Upon termination, your account and right to use the Services will automatically terminate.

If you transfer your Device to a new owner, please note that your account is not transferable, and the new owner will have to register for a separate account in order to use the Services.

Use Outside of Designated Countries

Although our website is accessible worldwide, the Devices and Services are not available to all persons or in all countries. To the extent permissible by law, SD&D accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Services or Devices in a country not specifically approved by SD&D. You will be bound by these Terms wherever you access or use the Services or use the Services.

Limitations

Our aim is to make the Services highly reliable and available; however, they may not be available all of the time. The Services are subject to interruptions and failures for a variety of reasons beyond SD&D’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of god. Further, our Services rely on or interoperate with a number of third party products and services. These third party products and services are beyond SD&D’s control but their operation may impact the use and reliability of our Services. SD&D is not responsible for damages and losses due to the operation of these third party products and services. You acknowledge these limitations and agree that SD&D is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. Further, the Devices and Services are not an emergency notification system, and should not be used in this way. SD&D is not responsible for dispatching emergency authorities to your home in the event of an emergency.

You are responsible for all charges and fees required for your products and applicable services, and for compliance with all applicable agreements, terms of use/service, and other policies of your product and service providers (including internet service providers and mobile device carriers).

To the fullest extent allowed by law, SD&D is not responsible for damage or liability caused by (i) use of the Device and Services for purposes other than for which the Device and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device or Services in violation of written instructions provided by SD&D (which may be provided at the time of purchase or on its website at www.smartdooranddelivery.com ), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by SD&D to service your SD&D Device.

The Device is not an ANSI or BHMA certified door/ bench/ box lock and must be correctly installed and used. You assume all risk associated with the suitability, installation and performance of the door/ bench/ box lock and other third party components, hardware, software and services.

Warranty Disclaimer

(a) THE WARRANTIES FOR THE DEVICE AND LICENSED SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY (SEE ABOVE).

(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND SD&D AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SD&D AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SD&D OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

(c) SD&D MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND SD&D WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. SD&D MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

(d) WHEN YOU INVITE GUESTS OR SERVICE PROVIDERS TO USE YOUR DEVICE OR SERVICE, YOU ASSUME ALL RESPONSIBILITY FOR THEIR USE, AND ANY DAMAGES THAT THEY MAY CAUSE TO YOU, SD&D, OR ANY THIRD PARTY. CHOOSE YOUR INVITED GUESTS AND SERVICE PROVIDERS CAREFULLY!

(e) SD&D DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE DEVICES OR SERVICES (INCLUDING, BUT NOT LIMITED TO, “OTHER SERVICES” OR THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH OUR SERVICE) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SD&D WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SD&D, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES ARISING FROM OR RELATED TO THE DEVICES OR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE DEVICES OR SERVICES MORE THAN THE GREATER OF $100, OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. UNDER NO CIRCUMSTANCES WILL SD&D BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold SD&D, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your or your guests’ use of the Devices, Licensed Software, Site or Services, including without limitation your negligence, willful misconduct, (ii) your or your guests’ violation of law or third party right, or (iii) your or your guests’ violation of these Terms. SD&D reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without SD&D’s prior written consent.

Modifications

Our employees are not authorized to vary these Terms. These Terms may be modified only (a) by obtaining our written consent in an agreement signed by an officer of SD&D; or (b) as set forth below in the immediately following paragraph.

You agree that SD&D may modify these Terms from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you when we make material revisions or modifications to these Terms by (x) posting a notice or new version of these Terms on the Site, or (y) providing direct notice in a communication to your customer account (if you have one), or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may be by posting to this Site or on our blog). The modifications will be effective upon posting (unless otherwise indicated at the time of posting). By continuing to access the Site or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Ownership

SD&D (or its affiliates or licensors) are the owner of all right, title and interest in and to the Site, Service, Licensed Software and Device. We reserve all rights not expressly granted in these Terms. All Services, Applications and Licensed Software are licensed and not sold.

Content Policy

We do not endorse any user content, feedback or any opinion, recommendation, or advice expressed on the Site or via the Services. We expressly disclaim any and all liability in connection with user Content.

 

Miscellaneous Legal Terms

Entire Agreement/Severability. These Terms constitute the entire agreement between you and SD&D regarding the use of the Services. Any failure by SD&D to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

Applicable Law and Venue. The courts in some countries will not apply State of Georgia law to some types of disputes. If you reside in one of those countries, then where Georgia law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Devices and Services shall be governed by the laws of the State of Georgia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Fulton County, Georgia for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth below.

Protection of Confidentiality and Intellectual Property Rights. Notwithstanding anything to the contrary in these Terms, SD&D may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers or Services in any court of competent jurisdiction.

Force Majeure. Except for the payment of fees due under these Terms, neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Notifications. SD&D may provide any notice required or permitted under this agreement via (at its option) email to the primary email associated with your account, mail, or posting of such notice on the Site or Service. SD&D is not responsible for any automatic filtering you or your network provider may apply to email notifications.

You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.

Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without SD&D’s prior written consent, and any attempted assignment without such consent shall be null and void. These Terms may be assigned by SD&D without restriction. These Terms are binding upon any permitted assignee.

Contact Us

In the event of any questions or comments or to request further information, we may be contacted at Smart Door & Delivery, 3455 Peachtree Rd, 5^th Floor, Atlanta, GA 30326 or by email at support@smartdooranddelivery.com.

Application

If you download the Application through or from any app store or distribution platform (like the Apple iStore or Google Play) where the Application is made available (each, an “Application Provider”), then you acknowledge and agree that:

• These Terms are concluded between you and SD&D, and not with the Application Provider, and that, as between the two, SD&D (not the Application Provider), is solely responsible for the Application.
• The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. As between the Application Provider and SD&D, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any warranty will be the sole responsibility of SD&D.
• The Application Provider is not responsible for addressing any claims that you or any third party may have relating to the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Application or your possession or use of that Application infringes that third party’s intellectual property rights, as between Application Provider and SD&D, SD&D will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms.
• The Application Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application and that, upon your acceptance of these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third-party beneficiary thereof.
• To the extent the terms and conditions for the Application provided by the Application Provider are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
• You must also comply with all applicable third-party terms of service when using the Application.

Arbitration.

If you are a resident of the United States, then this Arbitration section applies to you. This section includes a mandatory arbitration provision for certain claims. The claims to which this section applies are described below. This section limits your and our rights. Specifically, you understand that you and SD&D are waiving the right to sue in court and have a jury trial for certain claims.

To the maximum extent permitted by law, you agree that all disputes and claims arising out of, or relating to, these Terms, or your use of the Services, Licensed Software and Device (including the arbitrability of any claim or dispute and the enforceability of this section), shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this arbitration section do not apply to determinations as to the ownership of any intellectual property rights in the Services, Licensed Software or Device. The arbitration shall be conducted before a single arbitration under the American Arbitration Association’s (AAA’s) Commercial Arbitration Rules and conducted in Atlanta, GA, USA (or in the federal court district in which you reside at the time of making a claim, if mutually agreed by you and SD&D in writing in the interest of fairness). You and SD&D also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. The AAA rules are available at http://www.adr.org or by calling 1-800-778-7879 FREE. You and SD&D are each responsible for their respective costs relating to counsel, experts, and witnesses, and any other costs relating to the arbitration. In the event that you file for arbitration, SD&D will pay for the arbitration administrative or filing fees in excess of $250 U.S. dollars, including the arbitrator and/or other AAA case management fees, for any dispute of $75,000 U.S. Dollars or less, unless the claim is determined by the arbitrator to be frivolous. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.

CLASS ACTION WAIVER: Except as otherwise provided in this section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and SD&D specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of this section, as specified below, this class action waiver will not apply to you. Neither you, nor any other user of the Services, Device or Licensed Software can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding arising out of or relating to these Terms, the Services, Device or the Licensed Software without having complied with the opt-out requirements below.

Except as expressly set forth in this section, you and SD&D may litigate in court only to compel arbitration under these Terms or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms in any manner which violates or may violate SD&D’s or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to SD&D (including, but not limited to, any breach that may impact SD&D’s or its licensor’s intellectual property rights, or a breach by reverse engineering), SD&D may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

Notwithstanding the above, you or SD&D may choose to pursue a dispute in court and not by arbitration if YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”) or, if the dispute qualifies, in small claims court. You may opt out of this Section by mailing written notification to SD&D at support@smartdooranddelivery.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with SD&D through arbitration. Your decision to opt-out of this Section will have no adverse effect on your relationship with SD&D. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or in small claims court. In addition, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. The Federal Arbitration Act, 9 U.S.C. 1, et seq. (the “FAA”) governs the interpretation and enforcement of this agreement to arbitrate. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

Warranty

IMPORTANT:  By using the Smart Door and Delivery, LLC (“SD&D”) Smart Lock kit and hardware (the “Device”) you are agreeing to be bound by the terms of this Limited Warranty set forth below.  If you do not agree to the terms of this Limited Warranty you may return the Device (in its original, unused condition) within thirty days of the date of purchase (or the return period provided by your place of purchase, whichever is longer) for a refund in accordance with our returns policy as set forth in Section 3 of this Limited Warranty.

This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.

1. Duration and Coverage.One (1) year Limited Hardware Warranty. Subject to the additional terms and conditions set forth below, SD&D provides the following Limited Warranty:

• Only to the person or entity that originally purchased the Device from SD&D or from one of its authorized resellers or distributors; and
• Only for Devices purchased and delivered to the end user within the United States.

2. Limited Warranty. SD&D warrants the Device against defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“Warranty Period”). If a Device is returned to SD&D during the Warranty Period as provided below, and SD&D determines that the Device is defective, SD&D will either repair or replace the unit with either a new or a refurbished SD&D Smart Lock, or refund the original purchase price in return for the Device, at its option. If the Warranty Period has expired or is otherwise not applicable as per the Scope and Limitation on Warranty (below), we will return the Device to you. More information about this warranty can be found at www.smartdooranddelivery.com.
3. Satisfaction Return Policy. If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within thirty (30) days of the original purchase and receive a full refund. To return your product you need to contact customer support for an RMA number. RMA numbers are valid for 30 days after issuance, product returned after that will be returned to the customer.
4. Return and Warranty Service Process. Please review the online help resources at www.smartdooranddelivery.com prior to seeking warranty service. To obtain warranty service, you must first obtain a Return Merchandise Authorization (RMA) number from a Customer Support Representative (CSR)
 at SD&D. Customer Support contact information can be found by visiting www.smartdooranddelivery.com. SD&D may attempt to troubleshoot a warranty-related problem prior to issuing a RMA number. SD&D may ask for additional information upon request. Issued RMA numbers remain valid for thirty days from issuance. Once an RMA number is obtained, your Device must be shipped freight prepaid; together with proof of purchase and all accessories, either its original packaging or packaging affording an equal degree of protection, to the SD&D authorized distribution facility identified by the CSR. Failure to return any of the accessories may result in a delay and/or result in a credit to SD&D or an invoice for the missing accessories.

In performing warranty service, SD&D may furnish replacement parts on an exchange basis and replaced parts will become the property of SD&D. Replacement parts provided by SD&D shall be new or refurbished and of comparable quality, and may be a different part that contains compatible features and functions. You will reimburse SD&D for the inspection, testing and repair of returned equipment determined by SD&D not to be defective or which falls under one of the warranty exclusions described below (as well as pay all shipping and handling charges). In all cases, SD&D’s determination as to whether or not the equipment is defective and covered by warranty will be final. Any replacement equipment will be warranted hereunder for a period of one (1) year from shipment.

SD&D reserves the right to change the method by which SD&D may provide warranty service to you, and your Device’s eligibility to receive a particular method of service.

5. Scope of and Limitation of Warranty. The warranty on this Device is limited to the repair or replacement of defective Devices as described in the Limited Warranty section above. This warranty does not cover customer training and education, installation, set up or adjustment, signal or reception problems.

The SD&D Device is not an ANSI or BHMA certified door lock and must be correctly installed and used with a certified door lock that is operating in good condition.  You assume all risk associated with the suitability, installation and performance of the door lock and other third party components, hardware, software and services that you select.

This warranty does not cover damage (i) due to acts of God, other forces beyond our reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, earthquakes, floods or other events of “force majeure,” accident, misuse, abuse, negligence, commercial use or modification of, or to any part of your Device; (ii) caused by any third party product, service or system, use of the Device for purposes other than for which the Device was designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device in violation of written instructions provided by SD&D (which may be provided at the time of purchase or on its website at www.smartdooranddelivery.com). This warranty does not cover defects due to normal wear and tear or aging. This warranty does not cover damage due to improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by SD&D to service your SD&D Device. This warranty does not cover consumable parts (such as batteries).  This warranty gives you specific legal rights, and you may also have other rights which vary from state to state (and jurisdiction to jurisdiction).

6. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SD&D DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SD&D LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SD&D’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

7. Limitation of Damages.

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SD&D NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES
 OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES AND LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF SD&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SD&D’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE DEIVCE THAT CAUSED SUCH DAMAGE. CERTAIN STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.