Last revised on: June 15, 2022

 

Welcome to the DMF App!  The DMF App (“Application”) is designed to permit users of the Application to remotely control and customize certain features of lighting products supplied by DMF, Inc. d/b/a DMF Lighting and/or its affiliates (“DMF,” “us”, “our”, and “we”).  The Application is a copyrighted work belonging to DMF.

 

Please read these Terms of Use (“Terms”) carefully before using the Application. These Terms govern and condition your access to and use of the Application and its content, and these Terms apply to all users of our Application. If you do not agree to be bound by these Terms of Use, you may not access or use our Application or its content.  Certain features of the Application may be subject to additional guidelines, terms, or rules, which will be posted on the Application in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

 

By accessing or using the Application, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Application or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Application.

 

1.  Access to the Application

 

1.1  License.  Subject to your compliance with the Terms, DMF grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. DMF reserves the right, at any time, to modify, suspend, or discontinue the Application (in whole or in part) with or without notice to you. You agree that DMF will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Application or any part thereof.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of  such Google Play Sourced Application on a shared basis within your designated family group.

 

1.2  Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application, whether in whole or in part, or any content displayed on the Application; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Application shall be subject to these Terms. All copyright and other proprietary notices on the Application (or on any content displayed on the Application) must be retained on all copies thereof.

 

1.3  Ownership.  You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Application and its content are owned by DMF or DMF’s licensors. Neither these Terms (nor your access to the Application) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any DMF Properties. DMF and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. If you provide DMF with any feedback or suggestions regarding the Application (“Feedback”), you hereby assign to DMF all rights in such Feedback and agree that DMF shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. DMF will treat any Feedback you provide to DMF as non-confidential and non-proprietary. You agree that you will not submit to DMF any information or ideas that you consider to be confidential or proprietary.

 

1.4  Copyright/Trademark Information.  All graphics, trademarks, logos and service marks (“Marks”) displayed on the Application are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

1.5  Acceptable Use Policy.  You agree not to: (a) upload, transmit, or distribute to or through the Application any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Application any unsolicited or unauthorized advertising, promotional materials, junk mail, or spam, or any harassing or abusive material or any other unlawful material; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Application, or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Application (or to other computer systems or networks connected to or used together with the Application), whether through password mining or any other means; or (e) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Application. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities or terminating license to access and use the Application without prior notice to you.

 

2.  Disclaimers

 

You acknowledge and agree that DMF will have no obligation to provide you with any support or maintenance in connection with the Application. THE APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE APPLICATION MAY CONTAIN BUGS, ERRORS, OMISSIONS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMF (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

 

3.  Limitation on Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DMF (OR OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF DMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) $100; (B) THE AMOUNT PAID, IF ANY, FOR ACCESSING THE APPLICATION; AND (C) THE MINIMUM AMOUNT REQUIRED BY LAW. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

DMF DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY DMF’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

 

4.  Term and Termination

 

Subject to this Section, these Terms will remain in full force and effect while you use the Application. We may suspend or terminate these terms or your rights to use the Application at any time for any reason at our sole discretion, including for any use of the Application in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Application will terminate immediately. DMF will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2–1.5, 1.9, 2–6.

 

5.  App Store Terms

 

5.1  App Stores.  You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Terms are between you and DMF and not with the App Store.  DMF, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of use imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.

 

5.2  Accessing and Downloading the Application from the Apple App Store.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:  (a) You acknowledge and agree that (i) the Terms are concluded between you and DMF only, and not Apple, and (ii) DMF, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service; (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application; (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DMF and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DMF; (d) You and DMF acknowledge that, as between DMF and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) You and DMF acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between DMF and Apple, DMF, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms; (f) You and DMF acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof; and (g) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of use when using the App Store Sourced Application.

 

6. GENERAL

 

6.1  Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Application or by writing to you using an e-mail address you have provided to us. Any changes to these Terms will be effective upon thirty (30) calendar days following our posting of notice of the changes on our Application. These changes will be effective immediately for new users of our Application. Continued use of our Application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

6.2  Export.  The Application may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from DMF, or any products utilizing such data, in violation of the United States export laws or regulations.

 

6.3  Disclosures.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

6.4  Electronic Communications.  The communications between you and DMF use electronic means, whether you use the Application or send us emails, or whether DMF posts notices on the Application or communicates with you via email. For contractual purposes, you (a) consent to receive communications from DMF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DMF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

 

6.5  Entire Agreement.  These Terms constitute the entire agreement between you and us regarding the access and use of the Application. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to DMF is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without DMF’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. DMF may freely assign these Terms. The terms and conditions set forth herein shall be binding upon assignees.

 

6.6  Governing Law.  The terms and any action related thereto will be governed and interpreted by and under the laws of the state of California. The parties hereby expressly consent to the exclusive personal jurisdiction and venue in the state and federal courts of Los Angeles County, California for any lawsuit, claim or dispute arising from or related to these Terms. The United Nations convention on contracts for the international sale of goods does not apply to the Terms.

 

6.7  Severability.  If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use shall remain in full force and effect. Any provision of these Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

 

6.8  Compliance with Applicable Laws.  You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. DMF makes no claims concerning whether the content on this website may be downloaded, viewed, or be appropriate for use outside of the United States.

 

6.9  Contact Information:

DMF, Inc.
1118 East 223^rd Street
Carson, CA 90745
info@dmflighting.com