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Mobile App User Agreement

(the “Agreement”)

 

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN THE DISPUTE TERMS.

 

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY LASKO PRODUCTS, LLC AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “LASKO”, “WE,” “US,” “OUR”). BY USING LASKO’S MOBILE APPLICATION or APP, OR A RELATED DEVICE, PRODUCT OR SERVICE (COLLECTIVELY, the “Lasko App” OR the “Mobile App”), IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE LASKO APP, AND YOUR USE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. TO REJECT THESE TERMS, YOU MUST IMMEDIATELY DELETE THE LASKO APP FROM YOUR MOBILE DEVICE AND DISCONTINUE USE OF THE LASKO APP.

If you have any questions or concerns about the terms of this Agreement, please contact us via the Contact Us section of this User Agreement or at our website, www.Lasko.com.

  1. Definitions

“Applicable Laws” means all local, state, federal, and international laws and regulations promulgated by governmental authorities or regulatory bodies, in whatever way they may apply to the User, including both civil and criminal laws, and as may be amended from time to time.

“Content” means text, images, photos, audio, video, graphics, illustrations, and all other forms of data or communication.

“Device” means a smart home product manufactured or sold by Lasko with or without a camera capable of video and audio recording upon installation, a product that sends an alert or notification to a smart phone or another device, or a product that can be controlled by and/or connected to the Lasko IoT platform.

“Firmware” means the software stored a Device’s memory.

domain names, social media handles, and all other intellectual and proprietary rights throughout the world owned by us.

“Mobile App” or “Lasko App” means any mobile application which is created, owned and operated by us and is intended to be used in conjunction with our Devices and/or Services, including but not limited to Aria.

“Service” includes, without limitation, all services related to the Lasko App or any Device, Content provided through our Mobile App, and/or additional services selected by you.

“User” means someone who accesses, browses, crawls, scrapes, or in any way uses the Lasko App.

The terms “you” and “your” refer to you, as a User of the Lasko App.

  1. Changes to Terms of Use

We reserve the right, in our sole discretion, to modify this Agreement at any time by posting a notice on www.Lasko.com, by sending you a notice via email or postal mail, or by some other appropriate means. The most current version will supersede all previous versions.

You shall be responsible for reviewing and becoming familiar with any such modifications. If you don’t agree to be bound by the new Agreement, you are free to reject it; however, if you do reject the new Agreement, you must immediately delete the Lasko App from your mobile device and discontinue use of the Lasko App. Your use of the Lasko App following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

  1. Use of the Lasko App and Your Compliance with Applicable Laws

The Lasko App is intended solely for User’s personal use and may only be used in accordance with the terms of this Agreement. All displayed Content is protected by copyright. As such, you are responsible for complying with all Applicable Laws, and particularly those concerning the privacy rights of others and the scope of digital surveillance, in connection with your use of the Lasko App. You acknowledge that you have a continuing obligation to investigate and comply with privacy laws in your jurisdiction.

In addition, you shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Lasko App, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, (ii) in any way that violates any third party right, or (iii) that violates any Applicable Laws. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Lasko App.

The Lasko App is protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Although the Lasko App may allow you to copy or download certain Content, the restrictions set forth herein apply.

You may download or copy the Content (and other items displayed on the Lasko App for download) for personal use only, provided, that you maintain all copyright and other notices contained in such Content. You therefore represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Lasko App and take full responsibility for the selection, use of, and access to the the Lasko App. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

  1. Restrictions

You warrant, represent and agree that you will not contribute any Content or otherwise use the Lasko App in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any Applicable Laws; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, contains explicit content or graphic descriptions of sexual acts, encourages conduct that would give rise to criminal or civil liability, or is otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Lasko; (v) contains a virus, Trojan Horse, worm, time bomb, or other harmful computer code, file, or program that limits the functionality of any data software, hardware, or electronic communications; (vi) jeopardizes the security of your Lasko account or anyone else’s (such as allowing someone else to log in to the Services as you); (vii) attempts to obtain the password, account, or other security information from any other User; (viii) violates the security of any computer network or cracks any passwords or security encryption codes; (ix) copies or stores any significant portion of the Content; or (x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Lasko App. A violation of any of the foregoing is grounds for termination of your right to use or access the Lasko App.

Lasko reserves the right to remove any Content from the Lasko App at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence).

  1. Privacy Policy

Lasko’s Privacy Policy can be found at www.Lasko.com.  Please review the Privacy Policy to understand how we use information that you submit to us, and information that we collect from our Website, Mobile App, Devices, and Services.

  1. Registration and Security

As a condition to using the Lasko App, you will be required to register with Lasko, and select a password and username or one will be assigned to you, if you are registering as a guest (either, “Lasko User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Lasko User ID in the name of another person with the intent to impersonate that person; or (ii) use as a Lasko User ID the name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a Lasko User ID in our sole discretion. Although we take reasonable precautions and data security software to protect your account information, you shall be responsible for maintaining the confidentiality of your Lasko User ID.

  1. Removing a Device from an Account

Though we are not responsible for your actions or omissions relating to your use of the Lasko App, please be advised that you can and should remove and unregister your Device from your account through the Mobile App in the event it is lost, stolen, or replaced.

  1. Trademarks and Service Marks

The trademarks, service marks, and trade dress of Lasko may not be used or reproduced without prior written approval from us and may not be used in connection with any product or service that is not affiliated with us in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Lasko or in any manner that disparages or discredits Lasko. Other trademarks or service marks that appear on the Lasko App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lasko.

  1. Electronic Communications

You acknowledge that, from time to time, Lasko may communicate with you electronically or otherwise, using the information associated with your account. By creating an account, you have consented to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to the Lasko App, such as featured services or information or offerings. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Firmware and App Updates

From time to time, and at our discretion, we may update the Firmware and/or the Lasko App. Your continued use of the Lasko App constitutes your consent to receiving updates to your Device and/or your Mobile App via “push” technology, without any requirement on our part to provide you with notice thereof.

  1. Your Conduct on the Lasko App and With Our Customer Service Team

By using the Lasko App, you agree to conduct yourself in accordance with all Applicable Laws. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Lasko App. You also agree not to impersonate any other person while using the Lasko App, conduct yourself in a vulgar or offensive manner, encourage others to do any of the aforementioned activities, or use the Lasko App for any unlawful purpose.

Failure to comply with this provision of the Agreement shall entitle us to pursue federal and/or state legal action and seek recovery for any injury suffered.  You agree to always conduct yourself in a courteous and professional manner when interacting with our customer service team. Vulgar and abusive behavior will not be tolerated. Failure to comply with this provision entitles us to restrict your ability to interact with the Lasko App.

  1. Ownership

Lasko owns the Lasko App, including but not limited to the Content contained therein (not owned by a third party). We also own the rights associated with the Lasko App, which are protected by patent, copyright, trademark, and trade dress laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Lasko App, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and Lasko reserves all rights in and to the Lasko App.

  1. Unauthorized Access

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Lasko App, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  1. Service Restriction

We reserve the right to refuse service to anyone for any reason.

  1. Termination of This Agreement

This Agreement remains effective until terminated. Your rights under this Agreement are terminable by us, with or without cause, at any time without notice. If you breach this Agreement, we may seek legal recourse and our termination of this Agreement shall not limit our remedies. We also reserve the right to seek damages in law or equity. You acknowledge that if you misappropriate any of our IP, damages are inestimable, and we shall be entitled to (at a minimum) immediate injunctive relief.

  1. Disputes

(a)       Dispute Resolution and Arbitration

Please read this carefully. It affects your legal rights and remedies.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

AS DISCUSSED BELOW, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BY ENTERING INTO THIS AGREEMENT AND CHOOSING NOT TO OPT OUT, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A JURY TRIAL.

Contact us first. If a dispute arises between you and Lasko, our goal is to learn about it and address your concerns. You agree that you will notify Lasko about any dispute you have with Lasko regarding these Terms or the Lasko App. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us on our website at www.lasko.com.

All disputes between you and Lasko that cannot be resolved between you and our customer service team shall be resolved by binding arbitration. Except as otherwise provided, entering into this Agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including reasonable attorney’s fees).

If this provision applies and the dispute is not resolved as provided above, either you or Lasko may initiate arbitration proceedings. The American Arbitration Association (“AAA”) will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and not as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.  The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction over the parties for purposes of enforcement.  You or Lasko may initiate arbitration in Philadelphia, Pennsylvania, and in no other venue, unless the parties agree in writing.

(b)       Class Action Waiver

Except as otherwise provided in this provision, 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, collectively, “Class Action Waiver”) unless both you and Lasko specifically agree to do so following initiation of the arbitration.

(c)       Time Limit to Bring Claims

No suit or action may be brought against Lasko more than one year after the date of the incident that resulted in the loss, injury, or damage, or the shortest duration permitted under applicable law if greater than one year.

If you are a California resident, you shall and hereby do waive any rights you may have pursuant to California Civil Code Section 1542, which reads, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. Miscellaneous

The failure of Lasko to exercise, in any respect, any of its rights provided herein shall not be deemed a waiver of any further rights hereunder. Lasko shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lasko’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent. Lasko may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Lasko in any respect whatsoever.