Terms and Conditions
Agreement; Effect of Activation
Cost of Participation
While KMI is complimentary and requires no purchase or fee for participation, message and data rates may apply, and may be billed on your mobile phone bill or other internet or data provider bill. Check with your carrier and/or data provider for details. As text message delivery is subject to your carrier network availability, such access to KMI and delivery of Messaging is not guaranteed.
Messaging Errors and Failures; Messaging Frequency
We disclaim any and all liability for any delay or failure to deliver Messaging, including without limitation, service visit-related notifications. We do not warrant or guarantee that Messaging will be timely sent or received and we disclaim all liability for any unsent, delayed, lost or misdirected Messaging.
The frequency of Messaging will depend on the nature timing of your service visit and any updates to that information, as well as other circumstances affecting your service visit. You acknowledge that the information provided through KMI is only an estimate, that the actual timing of your service visit may vary, that your visit may be rescheduled or cancelled for any reason and with or without notice, and that we will not be liable for any inaccurate information we provide through KMI.
By electing to participate in KMI and receive Messaging, you are authorizing us to contact you via Messaging. Such election will be considered your affirmative consent to receive the KMI-related messages should these messages ever be classified as commercial in nature.
WE DO NOT GUARANTEE THAT THE USE OF KMI WILL MEET YOUR PERFORMANCE REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT HAVE ANY LIABILITY UNDER ANY THEORY OF RECOVERY FOR ANY LOSSES OR DAMAGES DUE TO AN INACCURATE MESSAGE OR THE DELAY OR FAILURE TO SEND OR DELIVER A MESSAGE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE USE OR RESULTS OF USE OF KMI IN TERMS OF SECURITY, DATA PRIVACY, DATA LOSS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE WILL NOT CORRECT ANY ERRORS RELATED TO YOUR USE OF KMI. YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF KMI, INCLUDING BUT NOT LIMITED TO HEALTH RISKS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE YOU CAUSE TO YOURSELF, OR OTHERS, BY YOUR USE OF OR RELIANCE ON KMI.
KMI IS PROVIDED TO YOU "AS IS," AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENTS FROM US OR OUR EMPLOYEES, AFFILIATES, AGENTS MAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF THIS DISCLAIMER IS INVALID UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE KMI.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS