Terms And Conditions
Terms and Conditions ("Terms")
Last updated: August 11, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://app.kumocloud.com website and the kumo cloud mobile application (together, or individually, the "Service") operated by Mitsubishi Electric US, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate any laws or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating the above representations and warranties.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Mitsubishi Electric US, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Mitsubishi Electric US, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org(link sends e-mail), with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims related to the copyright infringement of any Content found on and/or through the Service.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com
Intellectual Property and Related Provisions
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mitsubishi Electric US, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. All title and intellectual property rights in and to the content which may be accessed through use of the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms grant you no rights to use such content. All rights not expressly granted are reserved by Mitsubishi Electric US, Inc. Without prior written permission from Mitsubishi Electric US, Inc., you may not create any improvements, enhancements, modifications, and/or derivatives of the Service. Any permitted improvements, enhancements, modifications, and/or derivatives of the Service will be owned by Mitsubishi Electric US, Inc. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mitsubishi Electric US, Inc.
Maintenance of Intellectual Property Notices - You are prohibited from removing or altering any of the Intellectual Property Rights notice(s) embedded in or provided with the Service.
Source Code - You have no license to access or use, or any other rights in or to, the source code for the Service. Certain items included with the Service are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limit your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. A list of this software is available here: /kumo-cloud-copyright.
Compliance with Applicable Laws - You must comply with all applicable laws regarding use of the Service.
Automatic Updates - You acknowledge and agree that We may automatically check the version of the Service currently in use and provide updates or additional software that may be automatically downloaded and installed on your device.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Mitsubishi Electric US, Inc.
Mitsubishi Electric US, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Mitsubishi Electric US, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may do so by sending an email from the emails address used to setup your account to firstname.lastname@example.org with the subject line: Terminate kumo cloud Account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Mitsubishi Electric US, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Disclaimer of Warranty
Mitsubishi Electric US, Inc. makes no warranties whatsoever express or implied, with regard to the Service, in whole or in part, or any other matter under these Terms. You explicitly disclaim all warranties of non-infringement, merchantability and of fitness for a particular purpose. Mitsubishi Electric US, Inc. expressly does not warrant that the Service, in whole or in part, will be error free, will operate without interruption, will be compatible with any hardware or systems software configuration, or will meet your requirements.
Limitation Of Liability
IN NO EVENT SHALL MITSUBISHI ELECTRIC US, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, BUSINESS INTERRUPTION, LOST INFORMATION, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. MITSUBISHI ELECTIC US, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Mitsubishi Electric US, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law; Dispute Resolution
These Terms shall be construed in accordance with and governed by the laws of the State of Georgia, without regard to its conflict of law provisions.
For any dispute with Mitsubishi Electric US, Inc. you agree to first contact us by phone at (800-433-4822) or e-mail (email@example.com) or U.S. Mail at Mitsubishi Electric US, Inc., ATTN: Customer Care, 1340 Satellite Blvd., Suwanee, GA 30024, and attempt to resolve the dispute with us informally by providing your name, address, and contact information and describing the nature of the dispute. In the unlikely event that Mitsubishi Electric US, Inc. has not been able to resolve a dispute with you within 60 days of your original informal claim (or sooner if, in Mitsubishi Electric US, Inc.’s opinion, a dispute is not likely to be resolved within 60 days), we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Service, or the breach of these Terms (collectively, “Claims”), by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Gwinnett County, Georgia. JAMS may be contacted at www.jamsadr.com(link is external) and will require you to pay an initial filing fee set by JAMS (unless you successfully apply for a waiver of this fee from JAMS). All other JAMS costs associated with the arbitration will be borne by Mitsubishi Electric US, Inc. The arbitration will be conducted in Gwinnett County, Georgia, unless you request an in-person hearing where you live, or if you and Mitsubishi Electric US, Inc. agree otherwise. If the arbitrator decides in your favor, the award may include your costs of arbitration, your reasonable attorneys' fees and your reasonable costs for any expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator makes an award in your favor greater than MEUS's last written offer, MEUS will pay you the greater of the award or $500, plus your reasonable attorney's fees, if any, and reimburse any reasonable expenses (including reasonable expert witness fees and costs) that are reasonably accrued for investigating, preparing, and pursuing your claim in arbitration, as determined by the arbitrator or as agreed to by you and MEUS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This waiver applies to class arbitration unless such arbitration is necessary to effectuate the enforcement of the court class action waiver or in the event that class arbitration is expressly agreed to by Mitsubishi Electric US, Inc. You agree that you and Mitsubishi Electric US, Inc. are each waiving the right to a trial by jury or to participate in a class action.
You may opt-out of the foregoing arbitration and class action/jury trial waiver provision by notifying Mitsubishi Electric US, Inc. in writing within 30 days of purchase. Such written notification must be sent to Mitsubishi Electric US, Inc., ATTN: Legal, 5900-A Katella Avenue, Cypress, CA 90630, and must include (1) your name, (2) your address, (3) your purchase information, and (4) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.