| || |
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THE SMARTHOME.COM WEB SITE CAREFULLY. BY USING THE SITE, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
OWNERSHIP OF MATERIALS ON THE SITE
SMARTHOME.COM and its suppliers own the materials on this site. Thematerials are copyrighted and protected by the copyright laws of the UnitedStates and, throughout the world, by the copyright law of each jurisdictionreflecting pertinent treaties and conventions.
You may not copy, adapt, modify, display, perform, or otherwise use thematerials (including use of these materials on any other Web Site ornetworked computer environment) without the prior written permission ofSMARTHOME.COM or its suppliers. Your use of the materials is conditioned onyour maintaining all copyright, trademark and other proprietary rights noticesappearing on the materials. Any unauthorized use of any of the materials onthis site may violate copyright, trademark and other similar laws.
YOUR RIGHT TO USE THE SITE
You may use, print and/or download from this site the materials displayedon the site for your personal, noncommercial purposes only. If you are anemployee, representative, or agent of a business or organization, you maydownload one copy of the material displayed only for noncommercialinternal use in your business or organization. You may not transmit ordistribute the material to any one (except inside your business ororganization). If you breach any of these terms and conditions of use, yourauthorization to use this site will automatically terminate and you mustimmediately destroy or delete any downloaded or printed material.
COMMUNICATIONS FROM YOU TO THE SITE
Except for orders for our products and as specified in our PrivacyStatement, all communications from you to the site will be considerednon-proprietary and non-confidential. SMARTHOME.COM shall have noobligations of any kind to you respecting your communications and will befree to use them on an unrestricted basis for any purposes. You are solely responsible for these communications and their legality underall laws and regulations. You agree that you will comply with the terms ofour Privacy Statement when using the site.
SMARTHOME.COM will have the right, but not the obligation, to reviewcommunications with the site to determine that they comply with thisagreement and applicable laws or regulations. SMARTHOME.COM shall have noresponsibility or liability for the content of any communications posted to thesite, nor for any errors or violations of any laws. SMARTHOME.COM willcomply with court orders in any jurisdiction directing SMARTHOME.COM todisclose the identity of anyone posting communications to the site.
LINKS WITH OTHER SITES
SMARTHOME.COM is not responsible for the content of any other site linked toor from this site. If you link to another site, you leave this site. If you decideto link to another site, you do so entirely at your own risk. SMARTHOME.COM may provide links from this site to other sites, but this is done solely as aconvenience to you and in no way should be interpreted as an endorsementof any content, sponsor or owner of any other site. ALL WARRANTIES,CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TOANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TOANY TERMS AS TO ACCURACY, OWNERSHIP, VALIDITY ORLEGALITY OF ANY CONTENT OF A LINKED SITE ARE HEREBYEXCLUDED.
You acknowledge that U.S. export control laws and regulations apply to thissite, including the Export Administration Regulations of the U.S. Departmentof Commerce which prohibit the export or reexport of products andtechnology to certain countries and persons. You agree to comply strictlywith all U.S. export laws and regulations and assume sole responsibility forobtaining any required licenses to export or reexport products ortechnology.
U.S. GOVERNMENT USE RESTRICTIONS
If you are a U.S. Government agency user, in accordance with section12.212 of the Federal Acquisition Regulations, you hereby acknowledgethat use, duplication and disclosure of any computer software provided bySMARTHOME.COM ('software'), in whole or in part, by the U.S. Governmentor any of its agencies is governed by, and subject to, all of the terms,conditions, restrictions and limitations set forth in the applicable licenseagreement. In the event that, for any reason, section 12.212 is notapplicable, you hereby acknowledge that use, duplication and disclosure ofthe software, in whole or in part, by U.S. Government agencies is subject tothe Commercial Computer Software Restricted Rights clause, FAR ?52.227-19(c). Manufacturer is SMARTHOME.COM. of Mountain View,California or its licensors.
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED 'ASIS' AND ANY WARRANTY, CONDITION OR OTHER TERM OFANY KIND INCLUDING WITHOUT LIMITATION ANYWARRANTY OF MERCHANTABILITY, SATISFACTORYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ORNON-INFRINGEMENT OF INTELLECTUAL PROPERTY ISHEREBY EXCLUDED. Applicable law may not allow the exclusion ofimplied warranties, so the above exclusion may not apply to you. SMARTHOME.COM does not warrant the accuracy and completeness of the materialson this site. SMARTHOME.COM takes no responsibility for viruses or otherdestructive or intrusive computer programs that may damage your computersystem or data resulting from your access to or use of this site. SMARTHOME.COM may make changes to the materials at this site, or to the productsand prices described in them, at any time without notice. The materials atthis site may be out of date, and SMARTHOME.COM makes no commitment toupdate the materials at this site. Information published at this site may referto products, programs or services that are not available in your geographiclocation.
LIMITATION OF LIABILITIES
IN NO EVENT WILL SMARTHOME.COM OR ITS SUPPLIERS, BELIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,WITHOUT LIMITATION, THOSE RESULTING FROM LOSTPROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISINGOUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USEOF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THEMATERIALS OR INFORMATION CONTAINED AT ANY OR ALLSUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT,TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOTSMARTHOME.COM IS ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IF YOUR USE OF THE MATERIALS ORCOMMUNICATIONS FROM THIS SITE RESULTS IN THE NEEDFOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT ORDATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAWMAY NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Upon SMARTHOME.COM' request, you agree to defend, indemnify and holdharmless SMARTHOME.COM and its affiliates, representatives, officers,directors and employees from all liabilities, claims, costs and expenses,including attorneys fees, that arise out of or in connection with youraccessing or use of the site or your uploading, downloading or transmissionof all communications or material on the site.
The trademarks, service marks and logos (trademarks) of SMARTHOME.COM or others used on this site are the property of SMARTHOME.COM or theirrespective owners. You may not use, and nothing contained on this sitegrants by implication, waiver, estoppel or otherwise, any right to use anytrademark displayed on the site without the written permission of SMARTHOME.COM or the respective owner.
AGREEMENT IN ENGLISH
You and we agree that this agreement and all related documents be writtenin the English language. Les parties ont exig? que les pr?sent contract et tousles documents connexes soient r?d?ges en anglanis.
CHANGES TO THIS SITE
Please note that this site and these Terms and Conditions of Use may berevised at any time. Upon each revision to these Terms and Conditions ofUse, you will be notified of revised terms and conditions for your review.Click the button at the end of such revised terms to indicate your have readand understand the revised Terms of Conditions of Use of the SMARTHOME.COM Web Site, and agree to be bound thereby.
This site is operated and controlled from SMARTHOME.COM ' offices inCalifornia, United States of America. It can be accessed from any of the 50states in the United States and from other countries of the world. Byaccessing this site you agree that the laws of California (without regard to itsconflicts of law provisions) will apply to all matters arising out of or inconnection with the site and your connection to and use of the site. Bothparties submit to exclusive jurisdiction in California and further agree that anycause of action arising out of or in connection with this Agreement shall bebrought only in the federal or state courts in Santa Clara County, California.
SMARTHOME.COM makes no representation or warranty that anycommunications or materials on the site are lawful in other jurisdictions oravailable for use in all jurisdictions, and accessing them from territorieswhere their contents are illegal is prohibited. You agree that if you accessour site from another jurisdiction that you are responsible for compliancewith local laws. If any provision of these Terms and Conditions of Use isheld to be invalid or unenforceable, that provision will be deemed to berestated to reflect as nearly as possible the original intentions of the parties inaccordance with applicable law, and the remainder of the Terms andConditions will remain in full force and effect.