1. General. These Terms and Conditions (“Terms” or “Agreement”) apply to your access and use of the Lutikey device and services, and constitute a legally-binding agreement between you (“user” and/or “you”) and Lutikey, LLC and its affiliated companies (collectively “Lutikey,” “Company,” “we,” “us,” or “our”). By accessing or using the Lutikey device and/or its associated applications (“App(s)”) or website (our “Services”), you are accepting and agreeing to be bound by all terms and conditions set forth herein.
2. Terms and Conditions May Change. Lutikey reserves the right to modify and update this Agreement from time to time without giving prior notice. Any and all changes to this Agreement will be posted to Lutikey’s website. You agree to be bound to any changes to this Agreement after any such modification becomes effective and/or by your continued access or use of Lutikey.
4. Registration/Creating an Account. Full use of the Lutikey Service requires you to create an account by providing us with information such as your full name, a valid email address, and a strong password. You are responsible for all activity that occurs and security in association with your account. Lutikey is not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials.
5. Subscriber Responsibilities. You are responsible for the content that you upload or post through our Services, and its legality, reliability, and appropriateness. You should only upload or post content that you create or have the right to use and publish. By uploading or posting your content, you give us the right and license to store, reproduce, modify, create, derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your content in connection with providing our Services. You agree that we can also make your content available to other users of the Services, who may view and/or use your content, subject to these terms.
You understand and agree that Services provided by Lutikey are not available in all areas. You understand and agree that many of the Services provided by Lutikey are subscription based Services which are only available if purchased by emergency service providers and/or users.
You understand and agree that you choose when and how your account is made available to emergency service providers by choosing which locally available services to participate in, which may or may not include notification services.
You understand and agree that participation in Services does not constitute an agreement between you and emergency service providers, designated guardians or users. Nor does it imply that all of the needs you have communicated in your subscriber account will be met through public assistance.
You understand and agree that you will not rely on the Lutikey Services as the sole means by which you will communicate information to emergency service providers. You understand and agree that other methods of supplying information to emergency service providers are available to you, including the verbal transmission of information over the phone when making call to 9-1-1 or other local emergency service. Lutikey’s Services cannot and do not replace, and are not intended to replace, your verbal provision of your telephone number and other subscriber account information to emergency service providers when making a call to 9-1-1 or other local emergency service or using any other communication method. Nor do Lutikey’s Service replace the need for you to call 9-1-1 or other local emergency services in the event of an emergency.
You understand and agree that Lutikey’s Service are provided for convenience only. Lutikey’s Services do not replace dialing 9-1-1 or other local emergency services in the event you require immediate assistance. Lutikey’s Service must not be replied up to provide emergency response services, and emergency response services can only be accessed by placing a call to 9-1-1 or other local emergency services.
You understand and agree that Lutikey does not have control over the telephone service and internet service providers which may be necessary for providing Lutikey’s Services, and that such failure shall not be deemed to be the responsibility of Lutikey. You understand and agree that Lutikey reserves the right to suspend or close a subscriber account for phone numbers that are no longer valid. Furthermore, Lutikey reserves the right to suspend or close any subscriber account whose acts or pattern of activity interferes or threatens to interfere in any manner with any emergency service provider or Lutikey’s ability to provide Services to its subscribers, users, or emergency service providers.
You understand and accept full legal responsibility for the content, accuracy, and sufficiency of all information that you include (or fail to include) as part of your subscriber account. You should only provide information you want emergency service providers to have access to.
You represent and warrant that you are 18 years of age or older.
You understand and agree that it is solely your responsibility to take appropriate precautions to ensure that a subscriber phone number, user name, and password are not accessible to any unauthorized person.
You understand and agree that once the content of your account is available to emergency service providers, it may be transmitted over unsecured emergency service provider radios or may otherwise be made accessible through unsecured communications as part of the information disseminated to or by emergency service providers responding to a 9-1-1 call (or call to a local emergency service provider) or to an emergency. Your further understand that the content of the subscriber activity may also be stored as part of a public record associated with an emergency call.
6. Alerts and Notifications. As part of your use of the Lutikey device and/or Service, you may receive notifications, text messages, alerts, e-mails, and other electronic communications. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
7. Professional Advice Disclaimer. The Lutikey Service is not intended to diagnose, treat, cure, or prevent any disease or emergency. Any health information provided by Lutikey, and this website or through links to other third-party sites, should not be constructed as advice. The information provided by Lutikey is not a substitute for obtaining proper medical or other professional care or services. Lutikey is not engaged in providing professional medical advice via this website or otherwise. You should not view the information provided on this website as a substitute for medical advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical professional. Lutikey does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the website or use of its product and/or Services.
8. Copyright and Trademarks. The content on the website and the trademarks, service marks and logs contained therein are owned by or licensed to Lutikey, and are subject to copyright and other intellectual property rights under United States and Foreign Laws and International Conventions. Our trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without prior written permission of Lutikey.
9. Third-Party Software. The Lutikey Service and this website may contain links to other websites, third-party content, promotions, apps, services, and resources (collectively “Third-Party Services”) that are not under Lutikey’s control. Lutikey does not endorse nor is it responsible for the content on third-party websites. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Lutikey device and/or Service, such as third-party applications, are not part of the Lutikey Service and are not controlled by Lutikey. You take sole responsibility and assume all risks arising from your interaction with or use of Third-Party Services.
10. Limitation of Liability. If you rely on any Lutikey Service, you do so solely at your own risk. Our goal is to provide helpful and accurate information, but we make no endorsement, representation, or warranty of any kind about any Lutikey information or services. The accuracy of the data collected and presented through the Lutikey Service is not intended to match that of medical devices or scientific measurement devices.
Neither Lutikey, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the Lutikey product and/or Service will be liable for any incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use or inability to use the Lutikey product and/or Service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Lutikey has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Lutikey’s total liability arising out of or in connection with these Terms or from the use or inability to use the Lutikey product and/or service exceed the amounts you have paid to Lutikey for use of the Lutikey product and/or Service or One Hundred and 00/100 Dollars ($100.00), if you have not had any payment obligations to Lutikey, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Lutikey.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Lutikey Service.
11. Warranty Terms. Lutikey’s products undergo a series of quality inspection procedures. All of Lutikey’s products are 100% quality control checked. We will replace the Lutikey within one year of purchase if there is a manufacturing defect causing a failure in the product’s (a) ability to turn on, or (b) ability to pair to a Samsung or iPhone.
The Lutikey device has been manufactured and thoroughly tested to meet strict quality standards. The warranty covers defects in the material and manufacturing process. It does not cover product components that are subject to normal wear and tear, or damage to fragile components such as switches, batteries or the casing. Consumer-inflicted damage, improper use, or incorrect maintenance of the product will void the warranty.
We make no warranty that the Lutikey product and/or Service(s) will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
12. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify, and hold Lutikey, its subsidiaries, successors, partners, directors, officers, employees, agents, assigns, representatives, consultants and affiliates, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your contributed content, use of our product and/or services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Arbitration/Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. All disputes arising out of or relating to this Agreement, any Lutikey product or service and its marketing, or the relationship between you and Lutikey (“Disputes”) shall be determined exclusively by binding arbitration.
You and Lutikey shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Lutikey will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: 2723 Via Capri Unit 811, Clearwater, FL 3374; Attention: Legal Department.
If the Dispute cannot be resolved informally, you agree that the Dispute will be resolved through final and binding arbitration instead of through court proceedings. The JAMS Arbitration and ADR Services (JAMS) will administer the arbitration under its Streamlined Arbitration Rules, and, where appropriate, other related JAMS rules. The JAMS rules will govern payment of all arbitration fees.
14. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of law provisions. To the greatest extent possible any dispute under the Agreement shall be subject to arbitration as provided in the above paragraph. Only in the case it is legally not allowed to bring a matter under arbitration, you and Lutikey agree that all claims and actions arising under or otherwise concerning this Agreement shall be tried either in the Circuit Court of Mobile County, Alabama or the Federal District Court for the Southern District of Alabama, and each party hereby consents to personal jurisdiction of such courts.
15. Notice. Any notices to Lutikey shall be in writing, and shall be deemed delivered upon (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by U.S. Mail, postage pre-paid; (c) the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided and addressed to Lutikey as follows: 2723 Via Capri Unit 811, Clearwater, FL 3374; Attention: Legal Department.
You understand and agree that Lutikey may send you certain communications, such as announcements, newsletters, and other administrative messages, and that these communications are considered part of the Services. Your ability to opt out of these communications will be governed by applicable laws and Lutikey’s policies. Notices emailed to you will be deemed given and received when the email is sent. Lutikey has not obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to you electronic mail address fails for any reason.
16. Entire Agreement. Unless as otherwise stated herein, these Terms and Conditions constitute the entire and exclusive Agreement between you and Lutikey, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Lutikey regarding the Lutikey product(s) and/or Service(s).
17. Assignment. Lutikey may assign this Agreement in its sole discretion. You are not permitted to assign this Agreement without the prior written consent of Lutikey. The failure of Lutikey to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18. Miscellaneous. The section headings in this Agreement are provided solely for the convenience of the reader and do not constitute or modify the Terms of this Agreement.