Katana Terms and Conditions of Use

LAST UPDATED May 21, 2018

These Terms and Conditions of Use (these “Terms”) apply to such  Katana website located at www.katanasafety.com., and any other website or application offered by us, or our subsidiaries and affiliates which references or links to these Terms, including Katana sites around the world (collectively, the “Site”) to any services provided on or in connection with such Site (collectively, the “Services”), and to any products provided in connection with, related to, or for use with the Site and/or the Services (each, a “Product”) . The Site is the property of Katana, Inc. (“Katana,” “we” or “us”).These Terms do not alter the terms of any other agreement that you may have with us or our subsidiaries and affiliates.  These Terms do not apply to any third -party websites or services linked or referenced by our Site.  You should refer to the terms and conditions and respective privacy policies of such third- party services to determine your rights and obligations with respect to such services.

PLEASE READ THESE TERMS CAREFULLY.  IF YOU HAVE RECEIVED THESE TERMS ALONG WITH ANY PRODUCT, YOUR USE OF THE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.  IF YOU HAVE ACCESSED THESE TERMS THROUGH REGISTRATION, INSTALLATION, OR ACTIVATION OF ANY ELEMENT OF THE SITE OR SERVICES, BY INDICATING YOUR ACCEPTANCE DURING THE REGISTRATION, INSTALLATION, OR ACTIVATION PROCESS AND BY  USING THE SITE AND/OR OUR SERVICES, YOU OUR ACCEPT OF THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS.  If you disagree with any portion of these Terms, your sole remedy is to immediately discontinue using the Site and our Services.  Your access of our Site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further use of our Site.

Privacy
Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms.

  1. Service Limitations.  Unless You are added as a user of the Site or Services by a parent, legal guardian, or other legal representatives who has accepted these Terms, You may not use the Site or Services unless you are at least eighteen years old. You must use the Services and Site in compliance with these Terms and all applicable laws. When you create your account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You will obtain consent from each person whose information you provide to us in connection with the Services prior to providing such information.   Creation of an independent account by anyone under the age of 13 is strictly prohibited.  Certain services and features of the Site may have additional requirements and/or restrictions.The Services are intended solely for use within the United States.  You understand and agree that the Site and the Services are not intended to be a replacement for 911 in the event of an emergency. You and members of your designated Katana Circle have access to 911 through the Site and Services as an available feature for ease of use by a user or Katana Circle as needed and also have the ability to dial 911 directly. In the event of an emergency, always call 911 immediately.  The Services and the Site are not designed nor do they provide any deterrent to any external activity that you as a user may encounter or be exposed to, whether criminal or otherwise.  Katana is not liable for the actions or inactions of any user, 911 center, emergency responder, assistance provider or any other third party.You understand that our ability to notify emergency responders (including any Katana Response Center Services) is dependent on location services being activated and running on your mobile device (at all times, and not just when the Katana application is open), with sufficient permissions granted to the Katana application and Product.You understand and agree that any calls to any Katana Response Center may be recorded.You understand and agree that your immediate oral communications, including in-person conversations, utterances and other exchanges of you and/or between you and whoever or whatever is in your presence, may be recorded and collected via initiation of the silent alert emergency feature of the Site and Services which initiates a digital audio recording function.  This recorded information will be stored locally on your device and will not be stored by or transmitted to the Site or Services.  You understand that certain features of the Services and Product are dependent on the operation of the Katana mobile device application, and that if the Katana mobile device application is not actively running on your mobile device, these features may not operate correctly.
  2. Mobile, Location, and Interconnected Services. If permitted or available through any feature of the Site, and you access the Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable message and data rates and fees imposed by your wireless carrier, and for complying with all terms of use imposed by your wireless carrier. You are also responsible for having a mobile device that is compatible with the software and/or applications made available by Katana. Katana does not represent or warrant that the software made available will be compatible with your mobile device. You understand and agree that the Services rendered under these Terms and operation of the Product rely on telephone, location, wireless or wired internet, Bluetoothtm, iBeacontm, and/or cellular and wireless communications. Inherent in this system is a failure when your telephone, location, wireless or wired internet, and/or cellular communication has an interruption in service.  You understand and agree that Katana does not control or guarantee any telephone, wireless or wired internet, or cellular communication.  You also understand and agree that the internet communication at your location may be wireless and is dependent on what is commonly called a wireless local area network.  Anytime your wireless local area network is non-operational, the portion of the Services that relies on Internet or cellular communication will likewise be non-operational. You acknowledge that there are a number of reasons why location services or a Bluetoothtm or iBeacontm connection may not operate, including without limitation failure to properly pair, failure to properly activate, failure to grant appropriate permissions, lack of necessary hardware, failure to enable location services in the Settings app, disabling Background App Refresh in the Settings app, either for the device or for your app, or use of the device is in Airplane mode.  Katana is not liable for any failure of the Site, Services, or Product related to any of the foregoing.  This acknowledgement applies to every term and condition of these Terms.
  3. Use of Site Content.Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise, without our prior written permission. You may not use the Site or any content within the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Katana, its subsidiaries and affiliates or other individuals.You may display the pages of the website and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the pages from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

    You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or platforms through the Site, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on Site, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    We reserve the right, at any time, to modify, suspend or discontinue our Site and/or any content provided on the Site.  Such modification, suspension, or discontinuance without notice to you in the event that you breach any of the terms or conditions of these Terms.  Otherwise, we will use commercially reasonable efforts to contact you through the Site or the Services and provide notice prior to such modification, suspension, or termination.

  4. Accounts and Passwords. Visitors may have limited ability to visit and browse the Site, but will not have full access to the Services without first creating an account. When you set up an account, you are required to complete a profile and submit certain personal information to Katana. We may issue you, or enable you to establish, a username and password for the Site. You are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by Katana or any other user to the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.
  5. Intellectual Property. Katana and its licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, the Services, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in, or rights to, any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Katana. The collective work includes works that are licensed to Katana. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Katana, its subsidiaries and affiliates and their respective licensors. These Terms do not grant any license or other authorization to use the Marks.Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

    If you believe that material on our Site infringes your rights under copyright law, please contact us by U.S. Mail at the following address: 120 N. Markley St. Suite 100, Greenville, South Carolina 29601.  Your letter should include:

    • A detailed description of the copyrighted work that is allegedly infringed;
    • A description of the location of the allegedly infringing material;
    • Your contact information, including your address, telephone number, and, if available, email address;
    • Your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
    • Your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
    • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
  6. Your Data.You agree that you are solely responsible for the accuracy of any and all information input by you or provided by you to Katana for use in conjunction with the Services, the Site or to provide any other services to you (the “User Data”). You agree that User Data shall not include, and you shall not provide to Katana, anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. You authorize Katana to collect, access, store, modify, publish, display, create derivative works of, and otherwise use your User Data in order to provide the Site and the Services and as otherwise set forth in these Terms.
  7. Unsolicited Submissions. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes Katana’s property upon receipt, including all rights therein, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. By providing us with any Unsolicited Submission, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Unsolicited Submission(s). Katana does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
  8. Acceptable Use. You are prohibited from using our Services or the Site to share content that:
    • Contains illegal content or promotes illegal activities with the intent to commit such activities.
    • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
    • Stalks, harasses or harms another individual.
    • Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    • Violates intellectual property, privacy, or other rights of third parties. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights.
    • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
    • Interferes with the Site or Services.
    • Otherwise violates our Terms of Use or Privacy Policy.

    You also are not allowed to:

    • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
    • Share your password, let anyone access your account, or do anything that might put your account at risk.
    • Attempt to access any other user’s account.
    • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Site or Services, unless specifically authorized to do so.
    • Access, tamper with, or use non-public areas of our systems, or the technical delivery systems of our providers, unless specifically authorized to do so.
    • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
    • Impersonate or misrepresent your affiliation with any person or entity.
    • Encourage or help anyone do any of the things under this Acceptable Use section.
  9. Linking. The Site may contain links to other websites and content, which may be of interest to you. Katana is not responsible for the content or use of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
  10. Electronic Communications.The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
  11. Paid Services.
    General Information. Some of our Services may be available without charge, but generally Katana offers it Services for a charge. Some of our Services require certain access rights to use such Services, for example, you may have to enter an access code or set up an account. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. Katana reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged. If your debit or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your debit or credit card account in the amount of the charge.If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Katana reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as determined by Katana.

    Use of Third-Party Payment Processor. Any credit card or debit card payments made by you via the Site are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. Please review all payment and transaction policies available on the Site and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Use.

    Your Representations and Authorization. By providing Katana with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Katana to charge you for the services using your payment method; and (iii) authorize Katana to charge you for any paid feature of the services that you choose to sign up for or use while these Terms are in force. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription plans. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription plans. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.

    Subscription Plans. Katana intends to offer various monthly subscription pricing options. When you purchase the Services on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Katana by the method you have chosen at the recurring intervals chosen by you, until the subscription for that service is terminated by you or by Katana. By authorizing recurring payments, you are authorizing Katana to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Katana or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account for such subscription services, you authorize us or our service provider to continue billing that payment method and you remain responsible for any uncollected amounts. You may cancel a subscription plan at any time, with or without cause. Please contact support@katanasafety.com to cancel the subscription plan. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.

  12. Modifying and Terminating Our Services. We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Katana may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available. None of Katana, its participating institutions, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action. You can stop using our Services and/or Site at any time.
  13. Disclaimers. 
    THE PRODUCT, SERVICES, AND SITE ARE PROVIDED AS SET FORTH HEREIN TO ASSIST YOU IN ENHANCING YOUR ABILITY TO TAKE CONTROL OF YOUR OWN PERSONAL SAFETY BY ALLOWING YOU TO CONNECT WITH YOUR OWN, SELF-SELECTED SOCIAL SAFETY NETWORK. THE PRODUCT, SERVICE AND THE SITE ARE  NOT DESIGNED NOR DO THEY PROVIDE ANY DETERRENT TO ANY EXTERNAL ACTIVITY THAT YOU AS A USER MAY ENCOUNTER OR BE EXPOSED TO, WHETHER CRIMINAL OR OTHERWISE.THE SERVICE AND SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SOFTWARE, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY, OR THE CONDUCT OF, ANY USER AND YOU BEAR THE ENTIRE RISK OF USING THE PRODUCT, SITE AND SERVICES AND ANY INTERACTIONS WITH OTHER USERS.

    KATANA DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KATANA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

    KATANA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

    KATANA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING (I) THE USE OF CONTENT ON THE SITE, OR (II) WITH RESPECT TO THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE OF THE CONTENT, SITE OR SERVICES, OR (III) THAT THE SITE, SERVICES OR RESULTS FROM USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE SITE OR THE SERVICES OR SITE WILL BE AVAILABLE AND/OR UNINTERRUPTED AT ANY PARTICULAR TIME OR LOCATION.

    KATANA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KATANA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

  14. Limitation of Liability.IN NO EVENT SHALL KATANA, ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS IN CONTENT, WHETHER PROVIDED OR POSTED BY THE PROTECTED ENTITIES OR OTHER USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED THE GREATER OF (A) $100.00 (UNITED STATED DOLLARS), OR (B) THE AMOUNT PAID BY YOU FOR PRICE OF THE PRODUCT AND/OR THE AMOUNTS YOU HAVE PAID FOR SERVICES PURCHASED THROUGH THE SITE AND THAT ARE THE SUBJECT OF THE CLAIM.To the extent that you elect to receive any monitoring services provided by or on behalf of Katana, you understood that neither Katana nor any third-party monitoring provider is an insurer of person, life, limb or property and that insurance covering personal injury, life and property loss shall be obtained by you, if so desired.  Katana is being paid for providing a system to provide notice of the occurrence of certain events.  You acknowledge that the amounts being charged by Katana are not sufficient to guarantee in any way that no loss or damage will occur and that Katana is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to Katana’s or its agents’ negligent performance or which may arise due to the faulty operation of the system, the failure of services or the failure to perform said services.  You agree that if, notwithstanding the above provisions, there should arise any liability whatsoever on the part of Katana, its directors, officers, employees, agents or assigns, or its third-party providers of software, equipment, and/or services, in connection with any monitoring services, such liability shall be limited to five hundred dollars ($500.00) per event.  This maximum sum shall be complete and exclusive and shall be paid and received as an exclusive remedy and not as a penalty.  In the event that you wish Katana to assume a greater liability, the you may obtain from Katana a higher limit by paying an additional amount proportioned to the increase of said potential liability, but such additional obligation shall in no way be interpreted to hold or constitute Katana as an insurer.  Any request by for a higher limit shall be given to Katana in writing by certified mail, return receipt requested.

    Because some jurisdictions do not allow certain limitations on warranties, or the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer and limitations may not apply to you.  The above disclaimer and limitations apply in New Jersey.

  15. Indemnification. You agree to indemnify, defend, and hold harmless Katana, its subsidiaries and affiliates, and any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or the Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, your violation of any third party right or your violation of these Terms, or of any activity otherwise related to your use of the Site or the Services (including negligent or wrongful conduct), by you or any other person accessing the Site or Services using an account registered to you.
  16. Jurisdictional Issues.The Site is operated out of the United States. Katana makes no representation that the Site, materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are solely responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
  17. Miscellaneous. Any dispute arising out of or resulting from these Terms or your use of the Services shall be resolved in accordance with the dispute resolution terms attached hereto (the “Dispute Resolution Terms”). These Terms and Conditions and the relationship between you and Katana are governed in all respects by the laws of the State of South Carolina, United States, without regard to its conflict-of-law provisions.  Notwithstanding the foregoing, the Dispute Resolution Terms shall be governed by the Federal Arbitration Act, without regard to state law. If the Dispute Resolution Terms are held to be invalid, unenforceable, or inapplicable, or if a claim otherwise proceeds in court rather than in arbitration, the parties agree to exclusive jurisdiction and consent to personal jurisdiction in the state courts of South Carolina, and BOTH PARTIES HEREBY WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT A JUDGE WILL DECIDE ANY AND ALL DISPUTES REGARDING THIS AGREEMENT OR THE SERVICES.  Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Katana from seeking any injunctive or other equitable relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of any Katana confidential information and intellectual property rights or to prevent loss of data or damage to its servers.If any provision of these Terms of Use 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 provision, and the other provisions of the Terms of Use remain in full force and effect.

    By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred.

    A failure or delay by Katana to insist upon, exercise or enforce strict performance of any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and Katana and govern your use of the Product, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Katana (including, but not limited to, any prior versions of the Terms of Use). The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Katana may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

  18. Revisions to Terms.Katana may any time, revise these Terms of Use. Any such changes to the Terms of Use will be posted on this page, and we will update the “Updated and Effective” date to reflect the date of the changes.  We will also take reasonable efforts to notify you of such changes through the Site or Services.  By continuing to use the Site, Product, or Services after the posting of such changes, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.
  19. Third Party Trademarks. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Nordic Bluetooth® word mark and logos are registered trademarks owned by Nordic Bluetooth. and any use of such marks by Katana is under license. All other trademarks and trade names are properties of their respective owners.
  20. THIRD PARTY EQUIPMENT AND SERVICES – LIMITATION OF LIABILITY. At its sole discretion, Katana may assign, subcontract, purchase or otherwise arrange for software, equipment, monitoring services or other Services called for under this Agreement to be provided by a third party.  You agree and acknowledge that such third-party provider or providers of software, alarm equipment, monitoring services or other services are not insurers.  Subscriber also agrees the provisions for LIMITATION OF LIABILITY AND INDEMNIFICATION contained in these Terms shall apply for the benefit of such third parties, their directors, officers, employees and agents as fully as if they had been specifically named herein in place of “Katana” throughout.
  21. Contact Us.We welcome your questions and comments about our Terms of Use. Please contact us by e-mail at contact@katanasafety.com.

Dispute Resolution Terms

    1. You and Katana agree that, in the event of any disputes between us, we will first try to resolve it by talking with each other. Our customer service department is available to address any concerns you may have regarding the Services by email at support@katanasafety.com. Most matters can be resolved in this manner to our customer’s satisfaction.

 

    1. IF WE ARE UNSUCCESFUL IN RESOLVING OUR DISPUTES THROUGH GOOD FAITH NEGOTIATIONS, EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE AS TO THE SERVICES OR RELATED SERVICES, EXCEPT AS STATED BELOW, BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT IF ONE PARTY ELECTS TO HAVE A DISPUTE ARBITRATED, THE OTHER PARTY SHALL ARBITRATE THAT DISPUTE AND HEREBY WAIVES THE RIGHT TO A JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

    1. Except as otherwise stated below, any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this clause, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to these Terms, the Services, or the use of any information through the Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If multiple claims are joined in one action, some of which would not be subject to arbitration by operation of law, the latter claims must be stayed until any claims that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom are not required to arbitrate, the claims subject to arbitration must be severed. The claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. Arbitrations will be conducted in accordance with the rules of the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org). You may get a copy of the rules by contacting the arbitration organization or visiting its website.

 

    1. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in Greenville County South Carolina. We will advance your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $2,500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall be responsible for their filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.

 

  1. You and we retain any rights to self-help remedies and any rights to seek injunctive relief to protect intellectual property rights. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This clause shall survive any termination, cancellation, suspension, expiration or assignment of these Terms. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this arbitration clause shall be unenforceable.

 

  1. Notwithstanding any other provision of this arbitration clause, the validity and scope of the waiver of class action rights shall be decided by the court and not by the arbitrator. To the extent permitted by law, you agree that you must file any claim, cause of action, or arbitration request arising out of or related to the Services or these Terms within one (1) year after the events giving rise to such claim, cause of action, or request, or you shall be forever barred from filing such claim, cause of action, or request. If you do not agree to the arbitration clause in these Terms, you may opt out of the arbitration clause by sending written notification to Katana prior to using the Services.