By using the CIWAO app, website, electronic lock, security cameras, hot spots and any other software or hardware product offered by CIWAO herein after will be referred to as "Service or Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use"). CIWAO users including but not limited to Realtors®, Property Managers, Buyers, Renters, Service Providers, Sellers, and any other users of CIWAO app, herein after will be referred to as “CIWAO Users.”
Permissible Use. You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale).
Limitation Without limitation, lending professionals and institutions are prohibited from using information provided by CIWAO through the Services in making any loan-related decisions. Likewise, without limitation, CIWAO users are prohibited from using information provided by CIWAO through the Services in making any purchase or selling decisions.
CIWAO Functions. CIWAO only function is to allow CIWAO Users to connect with CIWAO Users and to allow CIWAO Users to remotely open a door via various method. CIWAO doesn’t guarantee the functions, effectiveness, security or workmanship of these electronic locks, whether or not they would open remotely or whether they will close automatically.
Camera Functions. CiWAO may make security cameras available to CIWAO Users and it is up to them if they would like to use them. CIWAO doesn’t guarantee the functions or effectiveness or workmanship of these cameras and doesn’t guarantee that the videos will be available at any time.
No Reproduction. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
a. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms CIWAO, its service providers, suppliers, partners, advertisers or any other user. You agree not to use the Services in any way that breaches this Terms of Service.
b. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any information found in the Services.
c. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from CIWAO. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
d. Calls. You acknowledge that, by using CIWAO you understand and agree that CIWAO may share your contact information and that you may receive telemarketing calls or emails from or on behalf of the real estate agents, property managers, Lenders, insurance companies or other advertisers, partners, or affiliates of CIWAO.
Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to CIWAO in connection with the Services (your "Submission"), you grant CIWAO an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. CIWAO will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. CIWAO may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant CIWAO the rights in this paragraph, that CIWAO use of the Submission will not infringe any third party rights. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
Sharing Accounts: You may not share your user account(s) with others. You are responsible for all actions taken via your account. CIWAO will treat your use of the Services in accordance with its Privacy Policy. Certain CIWAO functionalities may involve the distribution of your Submission to third party Web sites over which CIWAO has no control. CIWAO is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
Advertising. CIWAO’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, CIWAO may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
The Role of CIWAO. CIWAO does not act as a real estate agent for you or any other user. CIWAO does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, CIWAO does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
The Role CIWAO; Disclaimer. CIWAO is not a Lender, loan originator, loan processor, or underwriter. CIWAO does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. CIWAO does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. CIWAO does not endorse, refer or recommend any Lender or the products of any Lender. Consumers should rely on their own judgment in deciding which available loan product, terms and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and CIWAO does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. CIWAO is not an agent of either any consumer or any Lender. CIWAO is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers or pre-approval requests are made by participating Lenders and not CIWAO. CIWAO assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary. Lenders may keep consumer loan request information and any other information provided by CIWAO or received by Lenders in processing a contact or pre-approval request, whether or not a consumer is qualified for a loan with a Lender.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, all claims, actions, requests, or proceedings against CIWAOmust be commenced in court within one (1) year from the date of the event that resulted in the injury, death, property loss, or damage.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be, and are, no third party beneficiaries to this Agreement.
User Conduct: You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not.
Visiting Properties: When visiting CIWAO properties, you agree not to damage any property. Visitors will be responsible for any damage caused as a result of visiting CIWAO properties.
You agree not to violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;use manual or automated software, devices, scripts robots, other means or processes to access, scrape, crawl or spiders any web pages or other services contained in the Site,
Damages: You agree to not interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
Impersonation: You agree not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;use automated scripts to collect information or otherwise interact with the Site, Application or Services;use the Site, Application and Services to find a Partner or Visitor and then complete a Visiting of a property independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to CIWAO”s provision of the Services; You agree to not submit any property with a false or misleading price information, or submit any property with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other 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 o-r group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Retrieving Data: You agree not to systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
External Links: You agree that the CIWAO may contain links to third-party websites or resources. You acknowledge and agree that CIWAO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CIWAO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Third Party Products and Services The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. CIWAO does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that CIWAO has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and CIWAO takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Intellectual Property. The Services are the property of CIWAO, and subject to the intellectual property rights of CIWAO and its licensors. ©2017 CIWAO, Inc. All rights reserved. You may not use any of CIWAO trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. CIWAO does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
NO WARRANTY. CIWAO PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIWAO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. CIWAO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM AND APPLICATION THROUGH WHICH PARTNERS, REALTORS®, PROPERTY MANAGERS, ETC, MAY CREATE LISTINGS (HOMES, CONDOMINIMUM, OFFICE SPACE, ETC FOR SALE OR FOR RENT) FOR USERS (BUYERS, RENTERS, ETC) TO LEARN ABOUT AND TAKE SELF GUIDED TOURS OF THE PROPERTY. YOU UNDERSTAND AND AGREE THAT CIWAO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND VISITORS, NOR IS CIWAO A REAL ESTATE BROKER, AGENT OR INSURER. CIWAO HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, VISITORS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VACANCIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL CIWAO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST CIWAO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
It is understood and agreed: CIWAO AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, SUBCONTRACTORS, DISTRIBUTORS, RETAILERS, AGENTS AND INDEPENDENT CONTRACTORS ARE not insurers nor is this agreement intended to be an insurance policy or a substitute for an insurance policy. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY, ROBBERY, THEFT, Property damage, Fire, Smoke, BODILY INJURY OR ANY OTHER TYPE OF EMERGENCY or damage. you ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR INSURANCE NEEDS, AND PURCHASING ANY NECESSARY INSURANCE. YOU agree to look solely and exclusively to your insurer to recover all loss, damage, or expense DUE TO LOSS AND/OR DAMAGE TO YOUR PERSONAL PROPERTY OR REAL PROPERTY ALLEGEDLY CAUSED BY THE SERVICE. You also agree to look solely and exclusively to your insurer in response to any claim for bodily injury, Property Damage, personal injury, and/or invasion of privacy ALLEGEDLY CAUSED BY THE SERVICE, including claims made by or against you. YOU HEREBY RELEASE CIWAO from ANY AND ALL loss, damage, and/or expense which may occur as a result of Your use, Misuse, or attempted use, of the Service, including, but not limited to, the FAILURE OF THE SERVICE to perform, YOUR alleged failure to comply with any relevant rule, statute, code, law or ordinance, and any act or omission of CIWAO.
YOU acknowledge that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a FAILURE OF THE Service, because, among other things: (a) The amount or value of property on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by a failure of the Service is uncertain; (b) The amount of possible damages for Bodily injury or death is Uncertain; (c) what portion, if any, of any loss and/or Damage was proximately caused by the failure of the Service is uncertain; AND, (D) The nature of the incidents the Service is meant to alert you to are unpredictable.
Recovery Damages: YOU understand and agree that YOUR recovery of damages against CIWAO for any failure of the Service, or any act or omission of , is limited to THE AMOUNT YOU PAID FOR THE SERVICE. IN NO EVENT WILL CIWAO BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE OR THE BREACH OF THIS AGREEMENT, EVEN IF CIWAOis ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability to the price YOU paid for the Service ESTABLISHES CIWAO’s exclusive liability to you, and applies where CIWAOis alleged to be, or is found liable for, any Bodily injury, death, property loss, INVASION of privacy, or damage, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGE, resulting from any alleged failure of the Service. This limitation of liability shall apply irrespective of cause and regardless of whether such lawsuit or other claim is based upon active or passive negligence, breach of express or implied contract or warranty, contribution, indemnification, strict or Service liability, failure to comply with any applicable law, or any other fault or failure of CIWAO, or the Service. YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU HAVE THE OPPORTUNITY TO modify THIS LIMITATION OF LIABILITY BY CONTACTING CIWAOAND NEGOTIATING FOR CIWAO’S ASSUMPTION OF greater liability; (2) this limitation of liability does not conflict with any other provision in this Agreement; and, (3) this limitation of liability provision does not render any other provision in this agreement ambiguous.
Loss of Damages: Without limiting any portion of this section, YOU hereby further release CIWAOfrom any and all loss, damage and/or expense and accept full responsibility for any loss, damage and/or expense caused by the deactivation OF SERVICE SENSORS OR the creation of A PROFILE OF SPECIFIC SERVICE SENSORS, some activated, some deactivated, to arm the Service, and acknowledge that by deactivating any Service sensor, either individually or through a profile of specific Service sensors, YOU will not, even with the Service armed, receive alerts from the Service if, for example, a BREAK-IN occurs THROUGH a door or window with a DEACTIVATED SENSOR attached.
Indemnification and subrogation waiver. In the event that any lawsuit or other claim is filed or made by any third party against CIWAO which is based on or arises out of the Services, including, but not limited to claims and lawsuits alleging THE SERVICE failed to perform IN ANY RESPECT WHATSOEVER, YOU agree to be solely responsible for and shall indemnify, save, defend, and hold CIWAO harmless from and against all such claims including payment of all CIWAO’s damages, expenses, costs, and attorneys’ fees INCURRED IN RESPONSE to the claim or lawsuit. These obligations apply irrespective of cause and regardless of whether such lawsuit or other claim is based upon active or passive negligence, breach of express or implied contract or warranty, contribution, indemnification, strict or product liability, failure to comply with any applicable law, or any other fault or failure of CIWAO, OTHERS or the Services. YOU agree to indemnify, save, defend, and hold CIWAO harmless from all claims and/or lawsuits for subrogation which may be brought against CIWAO by any seller, renter, service provider or any other individual, insurer or insurance company or its agents or assigns including the payment of all CIWAO damages, expenses, costs, and attorneys’ fees. YOU HEREBY WAIVE ALL CLAIMS FOR RECOVERY AGAINST CIWAO FOR ANY LOSS OR DAMAGE TO ANY PROPERTY OR LOSS INSURED UNDER VALID OR COLLECTIBLE INSURANCE POLICIES. THIS WAIVER OF SUBROGATION RIGHT SHALL EXTEND TO ALL FORMS OF SUBROGATION, INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND CONVENTIONAL SUBROGATION, AND SHALL BE BINDING ON ANY AND ALL ASSIGNEES OR SUBROGEES OF YOUR RIGHTS. In no event may You enter into any settlement or like agreement with a third party that affects CIWAO’s rights or binds CIWAO in any way, without CIWAO’s prior written consent.
Installation and Use. You acknowledge and agree that the Service is a do-it-yourself product, and You are solely responsible for decisions related to the installation and use of the Service, including, but not limited to, the proper installation of the Service, selection of the location for the Service, confirmation that the Serviceis properly installed, deactivation of any ServiceSensor to arm the CIWAO system, making a profile of Service Sensors to arm the CIWAO system which includes both activated and deactivated Service Sensors, testing the Service, ensuring that the Service is working, and compliance with all relevant rules, laws, statutes, codes, regulations, and/or ordinances. You acknowledge and agree that: (1) the Service does not provide traditional monitoring services; (2) neither CIWAO, nor anyone retained on its behalf, monitors signals or notifications triggered by the Service; and, (3) You are solely responsible for responding to any applicable signals and notifications such as push notifications, including contacting the appropriate authorities. You acknowledge and agree that You are not relying on CIWAO to install, repair, maintain, or monitor the Service, and agree and acknowledge that CIWAO cannot, and does not, ensure that the Service is installed or used correctly or in compliance with any applicable rules, laws, statutes, codes, regulations, and/or ordinances. It is solely Your obligation to advise CIWAO if there is an issue with the Service, and You, without limiting other releases in this Agreement, hereby release CIWAO from any damages, losses or expenses resulting from or as a consequence of issues related to the installation or use of the Service.
Additional Customer Duties, Responsibilities and Warranties. You acknowledge and agree that: (1) it is Your sole responsibility to comply with all rules, laws, statutes, codes, regulations, and/or ordinances, local, state, and federal, relevant to the use of the Services, including, but not limited to, those related to privacy rights, video recording, eavesdropping, surveillance, and obligations of alarm users; (2) the Services is for Your own use and not for the benefit of any other party; and, (3) it is your responsibility to generate as comprehensive and as strong as possible password to avoid being hijacked, and protect the password required to access your account and the associated apps. (B) You acknowledge and agree to waive any and all claims against CIWAO, and agree to fully defend and indemnify CIWAO, in response to any claim, demand and/or lawsuit arising out of (1) loss caused by unauthorized access to your account, including, but not limited to the misplacement of your password, loss of your Password, or hijacking of your password by unauthorized persons; and, (2) Your failure to comply with any rules, laws, statutes, codes, regulations, and/or ordinances, local, state, or federal, relevant to the use of the Services, including, but not limited to, those related to privacy rights, video recording, eavesdropping, surveillance, and obligations of alarm users.
Additional Equipment. If, at any time after the date hereof, you purchase additional items from CIWAO, all sales are subject to the terms of this Agreement. Any added features, hardware, or software to the Services, either purchased by you or obtained through software and/or firmware updates, are subject to all terms and conditions to this Agreement.
Limitations of Services. You acknowledge and agree that all alarm systems, including the Services, are subject to compromise or failure for reasons outside the control of the manufacturer, retailers and distributors, including, but not limited to: (a) Your misuse of the Services; (b) the ability of an intruder to gain access through a protected or unprotected opening; (c) an intruder’s technical sophistication enabling the intruder to bypass individual sensors or the entire system; (d) signals sent by the Services may be blocked or reflected before being received; (e) a motion sensor’s ability to detect an intrusion is limited to the designed ranges and unobstructed areas, and can be interfered with by other IR (infrared) signals; (f) deactivation ofServices sensor(s) to arm the CIWAO system; (g) the Services, like any electrical system, is subject to component failures; (h) the Services need for continued AC power; and, (i) the Services’ ability to function, including but not limited to applicable automated push notification alert may be compromised by malfunction of routers, limited services by wireless phone carriers, internet service providers (“ISP”) and other related service providers, internet connection dropout, limited speed of high-speed internet by ISP, limited service such as iMessage or other types of push notification provided by smartphone maker(s) or providers. It is your responsibility to properly set up the CIWAO app and ensure listed accounts are active.
Cloud Storage. You understand, acknowledge, and agree that: (1) the amount of CIWAO cloud storage associated with Your CIWAO is limited to the most recent 7days; (2) when 7 days have passed, data, including video, will be automatically overwritten, with the oldest content continually overwritten by the newest content; (3) there is no data or video backup or restoration available, and when overwritten the video and/or data is irretrievable. No further notice of the overwriting of data and/or data will be provided.
Transmission of Data. You understand and acknowledge the following: (a) the Services may transmit data to you through use of one or more forms of communication equipment or services, including, without limitation, a telephone network or some form of wireless communications (e.g., cellular or another form of radio transmission); (b) some or all of these communications equipment or services may access or incorporate the Internet, electric company lines, a local area network or some other form of computer network to transmit or retrieve data; (c) for data transmitted by a telephone network, there are various types of telephone line service including, without limitation, a Company-owned or operated network facility, direct wire, derived channel, multiplex, DSL, T-1, ISDN and various other forms of service; (d) for data transmitted by a wireless communications service or equipment, such services and equipment are problematic by their nature and can be affected or delayed by interference, atmospheric conditions, static, transmission system operation, etc.; and (e) for data transmitted or received via electric company power lines, the telephone company, the Internet or by any form of computer network, the Services’ ability to transmit or receive data will be dependent upon the electric company, Internet, Internet providers or computer network. Accordingly, You understand, acknowledge and agree that the Services are not infallible and the transmission and receipt of data, including, but not limited to video data, from the Services, regardless of the type of transmission used, may be interrupted, circumvented, or otherwise compromised, and, because ensuring proper transmission is outside of CIWAO’s control, You are solely responsible for ensuring proper transmission. you understand, acknowledge, and agree that: (i) the Services, as well as all future devices, are not supervised or monitored by anyone besides you; and, (ii) if the Services is incompatible, inoperative, or interrupted by any natural or human cause including, without limitation, any sort of interference, or the loss of a telephone line or dial tone (either because the line is cut, left off the hook, or otherwise), only you are responsible for ensuring the Services are working correctly; CIWAO will not have any knowledge of a malfunction or misuse of the Services.
Written Notice. In the event of any breach of this Agreement by CIWAO, You agree to provide written notice to CIWAO specifically identifying the nature of the breach and the provisions of this Agreement affected thereby, and to permit CIWAO to cure the breach within twenty (30) business days after receipt of the written notice. If the breach cannot be reasonably cured within said period, CIWAO will promptly commence to cure and diligently proceed until cured. If CIWAO cures any said breach as provided herein, this Agreement shall continue uninterrupted and CIWAO shall not be liable to YOU for any said breach.
Consent to Record, Disclose And Use Contents of Communications. You, as the owner and/or user of the Services, agree and acknowledge that it is solely: (1) Your responsibility and obligation to obtain any consent required by the jurisdiction in which You use the Services to record, retrieve, review, copy, disburse, disclose, interact through, or use the contents of any and all transmission, communication, or recording, video or photograph, obtained by the Services; and, (2) to comply with all relevant rules, laws, statutes, codes, regulations, and/or ordinances. You agree to fully and completely defend and indemnify CIWAO for any claim arising out of your alleged improper use of the Services and/or your failure to comply with your legal obligations as user of the Services.
Recording Authorization: By using the Services, You authorize CIWAO to maintain video data recorded from theServices on the CIWAO cloud or external company hired or contracted by CIWAO to store the videos. CIWAO shall use commercially reasonable efforts to prevent unauthorized access to your recordings maintained on the CIWAO cloud. However, you acknowledge, understand, and agree that as a result of issues unrelated to CIWAO’s fault, including the inherent limitations in all hardware and software, unauthorized access to your recorded video data may occur. As result, in addition to, and without limiting any other provision of this Agreement, You agree to and shall indemnify and hold harmless CIWAO, its employees and agents for and against all claims, lawsuits and losses arising out of or related to video data recorded from Your CIWAO and CIWAO’s storage of that video data. This provision shall apply to all claims, lawsuits or losses whether or not based on negligence (active or passive) on the part of CIWAO, its agents or employees.
Insurance. CIWAOrequires that REALTOR®, property managers and home owners to obtain appropriate insurance for their properties based on the risk imposed by the service offered by CIWAO. Please review any insurance policy that you may have for your property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors (and the individuals the Visitor invites to the properties, if applicable) while at your property. CIWAO may offer up to $1,000 to cover the deductible of a homeowner’s insurance policy. This amount will paid by CIWAO only if there is a pay out by the homeowner’s insurance policy and will only pay for the deductible of the homeowner’s insurance policy and up to $1,000 total per property.
Legal Remedy: By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CIWAO with respect to such or any other action or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any Visiting or Listings made by you.
Changes; Discontinuance. CIWAO reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to CIWAO’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. CIWAO may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
Indemnification. You agree to defend and hold CIWAO, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
Release. You release CIWAO, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. CIWAO may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. CIWAO failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and CIWAO with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and CIWAO with respect to the Services.
Waiver and Severability of Terms. The failure of CIWAO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the specific provision at issue, and the other provisions of the Agreement remain in full force and effect.
Updated March, 2018