Last Updated: May 31, 2021
Please be aware that these Terms contain provisions that limit our liability. These Terms also include provisions that govern how disputes between us are resolved, including requiring you to waive your right to a jury trial and to bring a claim as part of a representative or class action.
By using this Website, you enter into these Terms with Kastle Systems International, LLC (“Kastle”, “we”, or “us”). If you do not want to agree to these Terms, you must not access or use the Website. Through your use of this Website, you signify that you are of legal age in your place of residence and agree to these Terms.
- Changes to these Terms
We reserve the right to modify, update, or remove portions or all of these Terms. We will provide notice if we do. Your continued use of the Website after these Terms have been changed signifies your acceptance of the updated Terms. If you do not agree to the changes, you cannot use the Website.
- Consent to Electronic Communications
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- Mobile Service Charges
If you use the Website on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.
- Terms Related to Purchase
We may offer you products and services to purchase. Your purchase of these products and services may result in charges and fees to you. We will you inform you in advance of any such charge or fee.
By submitting payment information for an accepted method of payment (“Payment Method”) through our Website, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes, payment processing fees, and late fees. All payments must be made in United States dollars. Except as may be expressly set forth in your purchase contract with us or as required by applicable law, we have no obligation to provide refunds or credits.
We may use a third party payment service to bill you and/or to process your payments. By submitting your payment information, you grant us the right to store and process your information with the third party payment service and for us to store any identification token provided by the third party payment service. You agree that we are not responsible for any failures of the third party to adequately protect such information. You may be charged a separate payment processing fee, which covers the handling of the electronic verification and initiation of Electronic Fund Transfers into the ACH system on your behalf, credit card processing fees, and/or not being able to successfully settle your payment due to insufficient funds. The processing of payments will be subject to the terms, conditions, and policies of such third party payment services, in addition to these Terms.
Our payment policies may be updated from time to time. We will attempt to notify you prior to such updates taking effect.
The Website may refer to products and/or services that are generally available for purchase but may not be available in your particular country or locality. The reference to any such products or services in this Website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with us directly for specific product or service availability in your locality.
- Intellectual Property Rights
For purposes of these Terms, “Content” means all content, information and material made available on or through the Website, including, without limitation, text, photos, images, graphics, animations, music, audio, videos, and software applications, whether or not downloadable, as well as all layout design and look and feel elements of the Website. Unless otherwise indicated in writing by us, all Content is the proprietary property of Kastle or our licensors or users, as applicable, and are protected by United States and international copyright laws.
Kastle prohibits the copying or redistribution of any Content on the Website without prior written permission from Kastle. Subject to your compliance with these Terms and applicable laws, we grant you a revocable, conditional and limited license to access and use the Website and Content for your own lawful personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.
Without limitation to the generality of the foregoing, if you download any Content, you understand and agree that you are only authorized to retain such downloaded Content for your own lawful personal and noncommercial use only and that you are not permitted to alter, distribute (including by sale, lending, or otherwise), transfer, or otherwise disseminate such downloaded Content (or any derivative work thereof) to others. Any physical reproductions of the Content must contain a copyright notice.
Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Kastle or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
The terms myKastle™ and myKastle Multifamily platforms; KastlePresence™, KastleResident™, KastleVisitorPass™, KastleAlert™ applications; KastleVideo™ and KastleVisitor™, the Kastle logo and any other Kastle product or service names, logos or slogans that may appear on the Website are trademarks of Kastle and are protected by United States federal and state law. Except as specifically permitted by applicable laws, any unauthorized use of Kastle’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities. Third-party trademarks appearing on the Website are the property of their respective owners.
- User Feedback and Content
If you submit to us ideas, suggestions, comments, or other feedback concerning the Website or Content, whether solicited or unsolicited (“Feedback”), you understand and agree that:
- Kastle and our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development);
- Your Feedback submission is voluntary and consensual and is made without any condition, expectation, or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality;
- Your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and Kastle; and
- Your Feedback submission may be used and retained indefinitely by Kastle and our and their successors and assigns.
If you post or otherwise make available on this Website any content, information, or material (“User Content”), you agree to give Kastle a perpetual, irrevocable, unconditional, worldwide, non-exclusive, and royalty-free license to download, access, modify, reproduce, publish, distribute, or otherwise use such User Content. Kastle may use User Content for whatever purpose, commercial or otherwise, and may share User Content with partners and other third parties. You represent and warrant that you have the rights and authority to provide such license to Kastle.
- Reservation of Rights
We reserve the right to modify or discontinue all or any part of the Website at any time in our sole discretion, with or without notice. We will not be liable to you or to any other user, if for any reason all or any part of the Website becomes unavailable at any time or in any location. We also reserve the right to monitor your use of this Website, and to suspend or terminate your use of the Website if we determine (in our sole judgment) that you are in violation of these Terms or any applicable law or that your use of the Website may expose us or any of our suppliers or partners to liability of any kind, or may adversely affect the brand or reputation of Kastle. You agree that Kastle has no liability for your use of this Website, in any form or method.
- User Conduct, Prohibited Use
Your use of the Website is subject to all applicable local, state, federal, foreign and international laws. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website. Kastle assumes no liability for any third party’s use of the Website. You agree that you will abide by these Terms and will not:
- Use the Website or Content other than for your own lawful personal and noncommercial use only;
- Engage in any harassing, threatening, intimidating, libelous, predatory, stalking, or other malicious conduct, or conduct that is vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable;
- Use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or that invades the rights of others;
- Utilize any software that contains viruses, worms, Trojan horses, or other malicious code, or undertake any other activities that could damage, disable, overburden or impair the functioning of the Website in any manner;
- Display or post on the Website any advertising or promotional or marketing materials or otherwise attempt solicit business through the Website;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Website;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
- Develop any third party applications that interact with Content or the Website without our prior written consent;
- Collect information about other individuals without their consent
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of pages or functionality; or
- Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
We reserve the right to protect our interests to the fullest extent permitted by law, including to seek damages. We may remove any material you post to the Website for any reason, or terminate your use of the Website at any time, including for violations of the prohibitions in this Section. To help support our community, we encourage you to report or conduct that you believe violates your rights or our Terms and policies.
- Government Restrictions and Use
Use of this Website from a locality upon which the United States has placed trade restrictions or embargoes is expressly prohibited. By using this Website, you represent and warrant that you do not reside in any such country and that you will not export Content or Kastle products or services to any such country.
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
- User Account
You may create a myKastle account on the Website. Your account name may not be obscene, offensive, or illegal, and may not be intended to impersonate another person. We reserve the right to deny your selection of an account name or to change your account name for any reason at any time in our sole judgment. By creating an account, you represent and warrant that your registration information is truthful, complete, and current, and agree to update your information to keep it current.
You must create a password for your account. You are prohibited from sharing your account name and password with any third parties without our permission. You are responsible for maintaining the confidentiality of your account and for all use of your account, and you will provide immediate notice to Kastle if you become aware of any unauthorized use of your account. We are not liable for any loss or harm related to any unauthorized use or misuse of your account.
Kastle reserves the right to restrict or terminate your access to your account for any reason.
Your use of the Website or its Content is at your own risk. The Website and Content are provided to you “as is,” with all faults and defects and without warranties of any kind, either express or implied. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Website and Content, including, without limitation, all implied warranties of merchantability, absence of defects, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND that the Website or Content will:
- Meet your requirements or expectations or achieve any intended results;
- Be compatible or work with any other software, applications, systems or services;
- Operate without interruption;
- Meet any performance or reliability standards; or
- Be secure, bug-free, virus-free, error-free or that any errors or defects can or will be corrected.
You acknowledge and understand that transmitting your information using the internet and the Website is inherently risky, as the security of such transmission cannot be guaranteed and a breach, compromise, or other incident may occur notwithstanding reasonable precautions, and is done at your own risk.
- Limitations of Liability; User Indemnity
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Kastle be liable to you or any third party for any indirect, incidental, exemplary, consequential, punitive or other special categories of damages (including any loss of data, business, opportunities, reputation, profits or revenues, or damage to any hardware or software) in connection with your use of the Website, even if Kastle was advised of, or reasonably could have foreseen, the possibility of such damages.
The Section allocates the risks under these terms between you and us, and we both have relied on these limitations in determining whether to enter into these Terms. Some jurisdictions do not allow the disclaimer or limitation of liability, which means that some of the above limitations may not apply to you. In these jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold Kastle, its subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, employees, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) (“Claims”) resulting from your breach of any provision of these Terms, including without limitation any claims made by third parties related to copyright, patent, or trademark infringement. Any such indemnification shall be conditioned on our (a) notifying you in writing of such Claim and (b) reasonably cooperating with you in the defense or settlement thereof. We shall be entitled to participate in such defense at our own cost and expense.
- Dispute Resolution; Jury Waiver; Class Action Waiver; Limitation on Time to Bring an Action
If a dispute arises between you and us, we strongly encourage you to contact us directly through our contact page to seek resolution of your dispute. If you decide to bring an action against us, you agree:
- To resolve your disputes with us on an INDIVIDUAL BASIS;
- To WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY; and
- To WAIVE YOUR RIGHT TO A JURY TRIAL on any disputes that may arise.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or any content MUST BE FILED WITHIN ONE (1) YEAR after such claim or cause of action arose, or such claim or cause of action will be forever barred.
- Governing Law and Jurisdiction
These Terms are governed by and construed and enforced in accordance with the internal laws of the United States Commonwealth of Virginia without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and Kastle agree to be subject to the jurisdiction of courts in the city of Fairfax, Virginia.
- Third Party Links
The Website may contain links to other sites on the Internet that are owned or operated by third parties. Kastle makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Website or of websites linking to the Website. We provide these links solely as a convenience. Kastle is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Website, whether or not they are affiliated with us. The appearance of a link does not imply our endorsement, nor are we responsible for any content on a linked site. You access linked sites at your own risk.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
- General Terms
These Terms do not create any partner, employee, agent or joint venture partner relationship with or between you and Kastle, and neither party has the right or authority to assume or create any obligation on behalf of the other party.
If any provision of these Terms is found to be unenforceable or invalid, and that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable.
These Terms are the complete and exclusive statement of the terms and conditions governing your use of the Website, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms.