CITYLIGHT, LLC d/b/a REI/KIT

TERMS OF SERVICE

Last Updated: 1/2/2017

V.1

Carefully read these Terms of Service (“Terms”), provided by CITYLIGHT, LLC d/b/a REI/KIT (“CityLight, LLC”, “REIKIT”, “REI/kit” or “we”, “our”, “us”, or “the Company”), a California limited liability company. These Terms govern your use of the websites, services and mobile applications (the “Service”) offered by CityLight, LLC. “You” means any person who uses the Service or creates an account on the Service, or, if the Service is being used by an authorized person acting on behalf of an entity or employer, “you” and “your” refers to such entity or employer. In all cases you hereby represent and warrant that you have the authority to agree to these Terms of Service on your own or another’s behalf.

Our Privacy Policy, which you can read in its entirety here, describes how we will collect and use your information. Our User Conduct Policy, as incorporated within these Terms, makes clear our expectations regarding your behavior when using this Service.

Registered and non-registered users alike that use the Service agree to comply with and be bound by these Terms, the Privacy Policy, and the User Conduct Policy.

ANY PARTICIPATION OR USE OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF SERVICE, DO NOT USE OR ACCESS THE SERVICE.

 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE (COPPA)

The Company does not knowingly collect personally identifiable information from children under the age of thirteen. This Service is directed to individuals who are at least 13 years of age or older. If you are under the age of thirteen, do not use this Service.

DESCRIPTION OF THE SERVICE

The Service includes, and is limited to, the websites, free services and mobile applications that allow you to create and access an individual account. The Service may contain information, data, files, text, photographs, videos, written posts and comments, graphics, scripts, and interactive features, among other materials (collectively, the “Content”). Subject to these Terms, the Company grants you a non-exclusive, non-assignable, worldwide right to access and use (for example, to download and display locally) Content, solely for purposes of using the Service. It is expressly prohibited, without prior written permission from us, to use, modify, reproduce, distribute or store any Content for purposes other than using the Service. Within these Terms of Service, “Content” also includes all User Content, a described next. You may use the Service to create, upload, update, share, publish, and display information, data, text, files, or other materials (“User Content”). You may not rent, sell, license, or otherwise exploit or use any Content in any way that violates any third party right, or for the purpose of commercial use.

REGISTRATION/ACCOUNT CREATION

The Company provides a number of user options: Users may participate as guests, without registration or an account; as registered users with or without an account; or as subscribers with a paid account.

To acquire an account for the Service, you must provide us with an electronic mail address and other information (“Registration Data”). Additionally, you agree to: (a) provide true, accurate, current and complete information as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. The Company assumes no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of it). The Company may, if it reasonably believes is necessary, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

YOUR RESPONSIBILITIES

You are responsible for:

– providing current, accurate, correct and true information when you create your account;

– all activities that occur under your account;

– safeguarding your password;

– notifying the Company immediately if you become aware of any breach of security or unauthorized use of your account;

– complying with our User Conduct Policy at all times when using the Service.

You may never use another user’s account without permission.

You may not decompile, disassemble, or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.

BILLING AND PAYMENT

The Company provides free access to some Service features which you may be able to access as a Guest, with or without registering or opening an account. However additional groupings of features may be added to the Service and made available to you during a free Trial period and/or as a paid upgrade (“Paid Account”). If you choose to become a subscriber with a Paid Account, you will pay fees (“Subscription Fees”) as described below, to the Company. Paid Accounts can be paid as either a Monthly Subscription Fee or a Yearly Subscription Fee.

Upon selecting a Paid Account plan, you must provide all necessary current, complete and accurate billing data, including a valid credit card number. You must promptly update all billing data to keep your Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) and you must promptly notify us if your payment method is changed, for example through theft or loss. Should you become aware of a potential breach of security, such as the unauthorized disclosure or use of your name or password, you must contact us immediately. If you fail to provide any of the foregoing information, you agree that the Company may continue charging you for any use of the Paid Account under your billing data unless you have terminated your Paid Account as set forth herein.

If you select the Monthly Subscription Fee, the credit card that you provide as part of the billing data will be automatically and immediately billed on the first business day after the end of the trial period (if applicable) or commencement of Service, and monthly thereafter on the same date. You agree that the Company may charge to your credit card all amounts due and owing for your Paid Account on that monthly basis until cancellation of the Monthly Paid Account. If you select the Yearly Subscription Fee, the credit card that you provide as part of the billing data will be automatically and immediately billed after the end of the trial period (if applicable) or commencement of Service, and yearly thereafter on the same date. You agree that we may charge to your credit card all amounts due and owing for your Paid Account on that yearly basis, including automatic annual renewals, unless you cancel the Paid Account.

If you provide the Company with a credit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance.

The Company may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Service and/or electronic mail. You agree that in the event we are unable to collect the fees owed for your Paid Account through your Subscription Fee, the Company may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs and attorneys’ fees.

As long as your Paid Account remains active and in good standing, you will be charged the Subscription Fee even if you never use the service. You may, however, cancel your Paid Account at any time.

You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term to your credit card.

We may elect to offer free or discounted pricing for use of the Paid services or other subscription services (a “Trial”). Once the terms of any Trial have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional restrictions, terms or limitations we impose in connection with any Trial. You may not create multiple Accounts in order to receive additional benefits under any Trial.

REFUND

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused.

Cancellation of your Monthly or Yearly Subscription Fee will not result in the payment of a refund however you may continue to use the Service until your subscription expires, and automatic renewal will be suspended.

TERMINATION OF ACCOUNT, BREACH, SUSPENSION AND CANCELLATION

If your Subscription Fee payment is overdue, the Company will disable your access to the features provided by the Paid Account. The Company may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your Paid Account. In the event of suspension or termination, your Paid Account will be disabled and you may not be granted access to your Paid Account or any files or other Content (including your User Content) contained in your Paid Account, and the Company may delete your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, the Company may also withdraw and at its discretion reallocate the public web address of any publicly shared data related to your Account.

If you terminate your Paid Account, via means provided for cancellation on the Service, or via telephone call or electronic mail to the Company, and you request that we delete your User Content and files contained in your Paid Account, the Company will make all reasonable efforts to do so.

TERMINATION

You agree that the Company, in its sole discretion, may terminate your password, account (or any part of it), or use of the Service for any reason, including, without limitation, for lack of use. Non-compliance with the User Conduct Policy or these Terms is also grounds to suspend or terminate your access to the Service.

You agree that any termination of your access to this Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.

INTELLECTUAL PROPERTY RIGHTS

The Service (with exclusion of User Content) is the Company’s intellectual property and remains the exclusive property of the Company. Should you communicate any feedback, comments or suggestions regarding the Service, such communication is voluntary and the Company will see fit to use freely, without any obligation to you, such communications.

The Company names and logos (including, without limitation, those of its affiliates), all service and product names, all button icons, all graphics, and all trademarks, service marks and logos appearing within the Service, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Company and/or its affiliates (the “Company Marks”). All other trademarks, company names, product names, logos, service marks and/or trade dress mentioned, cited, displayed, or otherwise indicated within the Service are the property of their respective owners. You are not authorized to use or display the Company Marks in any manner without the Company’s prior written permission. You are not authorized to display or use trademarks, company names, product names, logos, service marks and/or trade dress of other owners featured within the Service without the prior written permission of such owners. The use or misuse of the Company Marks or other trademarks, company names, product names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

You will not remove, deface or obscure any of the Company’s or its suppliers’ or affiliates’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service.

COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT

Notices of alleged copyright infringement will be responded to, if they comply with the law. Copyright notices can be sent to:

CityLight, LLC DBA REI/kit

3115 Foothill Blvd

Ste M164

La Crescenta, CA 91214

 

DMCA [at] reikit [dot] com

 

INJUNCTIVE RELIEF

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to the Company, its affiliates, suppliers and any other party authorized by the Company to resell, distribute, or promote the Service (“Resellers”), and under such circumstances the Company, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief. 

PROPER USE

The Company does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to you. Nevertheless, you agree that by uploading User Content to the Service, the Company may store and display your User Content solely as necessary in connection with the Service. To the extent you choose to share any of your User Content with other users of the Service, you agree that users you specify may view your User Content and, to the extent applicable, collaborate with you and your User Content.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, and not the Company, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available through the Service. We do not control the User Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such User Content.

Should we reasonably believe that Content on the Service violates these Terms, our User Conduct Policy, or, generally, any Content that may create liability for the Company, we reserve the right to remove such Content.

Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any omissions or errors in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You agree that you must evaluate all Content, and that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not reasonably rely on any Content created by the Company or submitted to the Company.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such disclosure or preservation is reasonably necessary to:

– Comply with legal process;
– Enforce these Terms;
– Respond to claims that any Content violates third-party rights;
– Protect the property, personal safety, or rights of the Company, its users and the public.

Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in the Company’s sole discretion as to what action should be taken.

You agree that you will not:

  1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
  2. Post, upload, or otherwise transmit unsolicited commercial email or “spam”. This includes advertising, unethical marketing, or any other practice that is in any way connected with “spam”, including but not limited to: sending mass email to recipients who haven’t requested email from you or with a fake return address;
  3. Post, upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to destroy, interrupt, or limit the functionality of any computer hardware or software or telecommunications equipment;
  4. Disrupt or interfere with the Service or networks or servers connected to the Service, or disobey any procedures, requirements, policies or regulations of networks connected to the Service;
  5. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  6. Redirect and or forward service to another website;
  7. Exceed the scope of the Service; for example, using and accessing the tools that you do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people’s User Content. If any user is reported to be in violation with the letter or spirit of these terms, the Company retains the right to terminate such user’s Service or Subscription at any time without further warning.

LINKS TO THIRD-PARTY WEBSITES; AFFILIATE LINKS

The Service may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The Company 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

The Company has financial relationships with some of the companies, products, and services mentioned within the Service, and may be compensated if users choose to follow the links pointing to those companies, products or services.

USE AND STORAGE – GENERAL PRACTICES

You agree that the Company has no liability or responsibility for the failure to store or transmit, or for the deletion of, any User Content and other communications maintained by the Service. You acknowledge that the Company may establish limits and general practices concerning use of the Service and may modify, from time to time, such limits and practices. The Company retains the right to create, at our sole discretion and at any time with or without notice, limits on storage and use.

By using the Service, you agree that you will not:

– Post, email, upload, or otherwise transmit any computer files, routines or programs designed to destroy, interrupt or limit the functionality of any computer hardware or software or telecommunications equipment;

– Disrupt or interfere with our Service or networks through the use of our Service, or disobey any policies, requirements, or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of ActiveX, JavaScript, or other coding;

– Take any action that imposes a disproportionate or unreasonably large load on our infrastructure;

– Modify, alter, reproduce, copy, or publicly display any information displayed on the Service (except for your User Content), or create derivative works (other than from your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the Company or any other third party, except with the prior written consent of the Company or the appropriate third party.

SECURITY

The storage, processing and transfer of your Content will be protected by industry standard organizational and technical security measures that are designed to guard against unlawful or unauthorized use of, access to, or processing of such Content.

DATA TRANSFER

The Company may store, transfer and process your Content in the United States or in any other country in which the Company or its agents maintain facilities, in connection with providing you the Service. Your use of the Service constitutes consent to this storage, transfer, and processing of your Content.

CONTENTS OF THE SERVICE

The Company takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does the Company have any obligation to monitor such third-party Content. The Company reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. The Company will not be responsible or liable for the exercise or non-exercise of its rights under these Terms.

NO RESALE OF THE SERVICE

You agree not to duplicate, reproduce, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission of the Company.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANTY, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY CONTENT.

WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AGAINST THE POSSIBILITY OF MISDELIVERY, DELETION, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

The Service is hosted, controlled and operated from within the United States. Use in other locations may not be appropriate or available and we make no such representations that it is otherwise. You are responsible for compliance with all applicable local and federal laws and regulations of the United States while using or accessing this Service from other jurisdictions, and such is done at your own risk.

INDEMNIFICATION

You agree to hold harmless, indemnify, and defend the Company and its employees from and against any and all obligations, claims, losses, damages, costs or debt, liabilities or expenses (including but not limited to attorney’s fees) that arise from your access to and use of the Service.

The analysis and estimation tools and calculators found throughout the Service are designed to be used for informational and educational purposes only and do not constitute legal or investment advice. The Company recommends that you seek the advice of a lawyer and/or real estate professional before making any type of investment. The Company is not responsible for the consequences of any actions or decisions taken in reliance upon or as a result of the information provided by these analysis and estimation tools and calculators. Further, the Company is not responsible for any mechanical or human omissions or errors.

MODIFICATIONS TO THE SERVICE

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) and/or the information, materials, products and/or services available through the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.

The release of new tools and resources, and any new features that enhance or augment the current Service, unless explicitly stated otherwise, are subject to these Terms. In addition, modifications of the Service may occur from time to time, often without prior notice to you. If you continue to use the Service, it serves as your acceptance of such modifications. Should a modification made to the Service be unsatisfactory to you, termination of your Service is your only recourse.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and the Company is intended or created by these Terms of Service.

GOVERNING LAW

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Company services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DISPUTE RESOLUTION

Informal Efforts — You agree that prior to filing any claim against the Company relating to or arising out of these Terms you will first contact us at:

disputenotice [at] reikit [dot] com

to provide us with an effort to resolve the issue in an informal manner.

No Class Actions — ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forum You agree that any judicial proceedings will be brought in the federal or state courts in Glendale, CA and both parties consent to venue and personal jurisdiction there.

SEVERABILITY

If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent.

WAIVER

The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

ASSIGNMENT

Licenses and any rights found herein these Terms may not be assigned or transferred by you, but may be assigned, without restrictions, by the Company. Any attempted assignment or transfer by you will be null and void.

NOTICES

Using the email address associated with your account, we may provide you with notices and legal notices related to your account. Information about service updates or changes, and other marketing or business-related information may also be provided via your email address.

THESE TERMS OF SERVICE MAY CHANGE

These Terms of Service are current as of the effective date set forth above. The Company reserves the right to change these Terms of Service from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on the Service. Your continued use of the Service after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service. If at any time you choose not to accept these Terms of Service, you should not use the Service.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company concerning the Service and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service.

QUESTIONS

If you have any questions about the Service or these Terms of Service, please contact us using the following information:

CityLight, LLC DBA REI/kit

3115 Foothill Blvd

Ste M164

La Crescenta, CA 91214

terms [at] reikit [dot] com