Effective Date: October 1, 2018
Please read this Terms of Services (“Terms”) carefully before using the Services (defined below) offered by Nooie and its subsidiaries and affiliates (collectively, “Nooie” “we”, “our” or “us”). This Terms governs all the services that Nooie provides, including: (1) a Nooie user website that may be accessed through www.nooie.com (“Website”); (2) services accessible through the Site (“Web Services”); (3) software and application that may be downloaded to your mobile devices (“Mobile App”); (4) smart home electronic consumer products offered at Nooie Website and other official platforms (“Products”); and (5) subscription services, including services that can be accessed using the Web Services and Mobile App (“Subscription Services”). The term “Services” means the Website, Web Services, Mobile App, Products, and Subscription Services.
Please note that the following are the terms of an agreement between you and Nooie. When you use our Services, you accept the Terms set forth below without limitation or qualification. If you do not agree to these terms, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS.
Access to Nooie Services
(a) Access and Use. As long as you comply with the Terms, Nooie grants you a non-exclusive and non-transferable right (without the right to sub-license) to access and use Nooie Service by (i) installing and using the Mobile Apps solely on your own mobile device (e.g., iPhone, iPad or Android smartphone) and solely for the Permitted Purpose, and (ii) accessing the Website solely for your personal purpose.
(b) Automatic Software Updates. Nooie may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent.
(c) Nooie-provided interface to Third-Party Products and Services. Over time, Nooie may provide the opportunity for you to interface the Products and Services to one or more third-party products and services, through and using the Services. You should contact the third party with any questions about their Third-Party Products and Services.
(d) Certain materials may be displayed or performed on the Services (including, but not limited to, text, graphics, articles, photographs, video, images and illustrations (“Content”)). You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners.
(e) Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions:
(i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Products;
(ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services or Products;
(iii) you agree not to access the Services or Products in order to build a similar or competitive service or product;
(iv) except as expressly stated herein, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
(v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property;
(vi) you agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
(vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Nooie; and
(viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services or Products. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.
(f) Modification. Nooie reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Nooie will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
Certain features or services offered on or through the Website and Mobile App may require you to open an account (including setting up a Nooie Account and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Nooie immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Nooie or any other user of or visitor to the Site due to someone else using your Nooie Account, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Nooie Account, password or account at any time without the express permission and consent of the holder of that Nooie Account, password or account. Nooie cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Agreed Usage and Limitations of Nooie Services and Products
(a) Intended Use of Nooie Services. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. You acknowledge these limitations and agree that Nooie is not responsible for any damages allegedly caused by the failure or delay of the Services.
(b) No Life Safety or Critical Uses of the Products and Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with Third-Party Products or Services, are not certified for emergency response.
(c) Permits and Registration for Pro Monitoring. Some local governments have various permit or registration requirements for use of the Products with Pro Monitoring. Without the required permit or registration, emergency responders may not respond to requests from a Third-Party Monitoring Provider for emergency dispatch, and/or fines and penalties may be levied against you by the applicable local government.
(d) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. You agree that you will not rely on the services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your Nooie products are provided for informational purposes only- they are not a substitute for a third-party monitored emergency-notification system.
(e) System Requirements. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(f) The Services provide you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. We cannot guarantee that it is correct or up to date.
(g) Installation, test and use. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
(h) Smart device standards/Use only Nooie Certified Third-Party Products or Services. You agree only to use third-party products and services designated by Nooie as compatible with THE products and services.
Limitations of Nooie Services Due to Third Parties
Nooie Services rely on or inter-operate with third-party products and services, including Third-Party Service Providers Used By Nooie, Equipment, ISP and Operator, App Store or Google Play, Third-Party Website Links and Referrals, Authorized Users, Release Regarding Third Parties. These third-party products and services are beyond Nooie’s control, but their operation may impact on, or be impacted by, the use and reliability of the Nooie Services. You acknowledge and agree that:
(a) the use and availability of the Services is dependent on third-party product vendors and service providers,
(b) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact on the way that the Nooie Services operate, and
(c) Nooie is not responsible for damages and losses due to the operation of these third-party products and services.
Ownership and Intellectual Property
(a) Nooie Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Product, Product Software and Services (i.e., the Website and Mobile App) are owned by Nooie or its affiliates or our licensors.
(b) Feedback and User Submissions. You may choose to or Nooie may invite you to submit comments, suggestions or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place Nooie under any fiduciary or other obligation.
(a) The warranties for the product and product software are set forth in the limited warranty and the end user license agreement, respectively.
(b) Nooie, and our licensors and suppliers, make no warranty that defects will be corrected or that the services: (i) will meet your requirements; (ii) will be compatible with your home network, computer or mobile device; (iii) will be available on an uninterrupted, timely, secure or error-free basis; or (iv) will be accurate or reliable. no advice or information, whether oral or written, obtained by you from Nooie or though the services, shall create any warranty.
(c) Nooie does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through, or in connection with, the products or services (including, but not limited to, third-party products and services connected through the works with Nooie platform), or any hyperlinked website or service.
(d) Nooie makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
(e) When you install, setup or use the products and services you are given the opportunity to change defaults or choose particular settings. the choices you make can cause non-recommended or unintended operation or non-operation of your products and services and any connected equipment or systems. You assume all liability for any damages and losses caused by, or related to, the choices you make for the particular settings for the products and services, and setting or changing defaults.
Limitation of Liability
Nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
To the maximum extent permitted by applicable law, in addition to the warranty and other disclaimers in these terms, in no event will
Nooie be liable for any indirect, consequential, exemplary, special or incidental damages, including, without limitation, any damages for lost data or lost profits arising from or relating to the services or the products, even if Nooie knew, or should have known, of the possibility of such damages, and
Nooie disclaims all liability of any kind of Nooie’s licensors and suppliers. Under no circumstances will Nooie be liable in any way for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred in connection with use of, or exposure to, any content posted, emailed, accessed, transmitted or otherwise made available via the services.
Fees and Payment
Certain Services may be provided for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale.
Data Protection Laws
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. At any time, Nooie may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Nooie in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Disputes Resolution and Arbitration Agreement
If a dispute arises between you and Nooie, our goal is to learn about and address your concerns. You agree that you will notify Nooie about any dispute you have with Nooie regarding these Terms.
For any questions or claims, please contact Nooie.
(a) Changes to These Terms. Nooie reserves the right to make changes to these Terms. Nooie will post notice of changes to any one or more of the following: this page, other official websites or Nooie Mobile App.
(b) Governing Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
(c) Protection of Confidentiality and Intellectual Property Rights. Nooie may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Nooie regarding the use of the Services and purchase of the Products. Any failure by Nooie to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Nooie’s prior written consent.
(g) Copyright/Trademark Information. Copyright © 2018, Nooie.com. All rights reserved.