Last update: March 19, 2019
These Terms of Service (referred to as “Terms”, “Agreement”) govern your access to and use of the website SmartHomeTimes.com (https://www.smarthometimes.com) (referred to as the “Website”, ” SmartHomeTimes”, the “Services”). These Terms also govern the access to and use of any information, text, graphics, or other materials created, uploaded, downloaded or appearing on the Website, and also the submission of any comments (referred to as “Content”).
These Terms incorporate SmartHomeTimes Privacy Policy and Cookies Policy.
Please read these Terms and policies carefully before accessing or using the Website. By subscribing to, accessing or using the Website, you agree to become bound by the terms and conditions of this Agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not use the Website.
For purposes of the Terms of Service, “You” means the person using the Website or, if you are using the Website on behalf of your company (or another entity), then “You” means your company (or such other entity) and its officers, members, agents, successors and assigns. “We”, “Us” and “Our” mean the Website in general and any representative of the support, technical or administrative teams.
We reserve the right to modify this Terms of Service at any time, effective upon posting of the modified Terms to this URL. Any modifications to these Terms will be made when SmartHomeTimes determines if it is appropriate and it is the responsibility of all users of SmartHomeTimes to ensure their awareness of any such changes.
Basic Terms
The Website and its services are provided “AS IS”.
All right, title and interest in and to the Website (excluding Content provided by users) are and will remain the exclusive property of SmartHomeTimes. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
You may use the Website only if you can form a binding contract with SmartHomeTimes and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Website only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
You are responsible for your use of the Website, for any Content you use and post within the Website, and for any consequences thereof. The Content you submit, post, create may be able to be viewed by other users of the Website through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
The Website and its services provided are always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, the Website may stop (permanently or temporarily) providing its services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice.
SmartHomeTimes retain the right to create limits on use and storage and also to terminate, change (including, without limitation, modifying, adding or deleting), upgrade, suspend or discontinue any aspect of the Website including, but not limited to, prices, content, features, hours of availability or equipment required for access at sole discretion at any time without prior notice to you and penalty to us. It is Your responsibility to return to the Terms of Service from time to time to review the most current Terms of Service.
However, in the event that the modifications in the Website or in these Terms of Service materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Your continued use of the Website after the revised Terms of Service has become effective, indicates that you have read, understood and agreed to the current version of the Terms of Service.
Privacy Policy
Any information that you provide within the Services is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SmartHomeTimes.
Privacy Policy is incorporated by this reference. We strongly recommend that you review the Privacy Policy closely. You acknowledge and agree that you are solely responsible for the accuracy and content of all information you submit and agree to be bound by the Privacy Policy, subject to change in accordance with its terms.
Restrictions
We reserve the right at all times to remove or refuse to distribute any Content on the Website and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Services, their users and the public.
You may use the Website only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation.
You may not use the Website to facilitate, or otherwise assist others in, the violation of any law or regulation.
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Website comply with the Terms of Service and all applicable laws and regulations. We don’t bear any obligation to review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Website.
You may not use the Website to:
(1) post content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety;
(2) promote, do or further any unlawful, misleading, discriminatory or malicious activity;
(3) solicit personal information from anyone under 18 years of age;
(4) transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information;
(5) rent, lease, or use the Website for timesharing or service bureau purposes; Your Account may only be used by You or Your employees or agents authorized to act on Your behalf.
(6) violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents, and trade secrets (for instance, You may not use the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks);
(7) violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission;
(8) violate any law, statute, ordinance or regulation including export, intellectual property, and privacy laws;
(9) restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
(10) You agree not to access anyone else’s Account without that person’s permission.
(11) create a database by downloading and storing the Content or any part thereof; or
(12) violate the Terms of Service or encourage or assist anyone else to violate the Terms of Service.
You may not do any of the following while accessing or using the Website:
(1) access, tamper with, or use non-public areas of the Website, their computer systems, or the technical delivery systems of their providers;
(2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(3) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Website.
(4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
(5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.
(6) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Website.
(7) modify or create derivatives of any part of the Website; or
(8) remove or obscure any proprietary notices on the Website.
In addition to any remedies SmartHomeTimes may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Website. We may cooperate with any law enforcement authorities or court order or third party requesting or directing us to disclose the identity of anyone posting such materials.
We may suspend and terminate your use of the Website without notice to you for breach of the Terms of Service. We may also report your activities to federal and/or state law enforcement agencies.
Copyright
The Website, all the Content, code, data, works of authorship and materials thereon, the look and feel, design and organization of the Website, and the compilation of the material are protected by U.S. and international copyright, trademark and other laws. We own, solely and exclusively, all rights, title and interest in and to the Website, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Website and/or the Content does not grant to You any ownership of any Content You may access.
The trademarks, logos, service marks and trade names (collectively, the “Trademark(s)”) displayed on the Website or in connection with the Content made available through the Website are registered (or unregistered) and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed through the Website is strictly prohibited.
Notwithstanding anything in the Terms of Service to the contrary, in the event that you submit to the Website any ideas, creative suggestions, photographs, information, advertisements or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of the Website without any compensation or credit to you whatsoever.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTHOMETIMES AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SMARTHOMETIMES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to you. If applicable law limits the application of the provisions of this Section, our liability will be limited to the maximum extent permitted by applicable law.
Miscellaneous
These Terms and Privacy Policy are the entire and the exclusive agreement between SmartHomeTimes and You regarding the Website, and these Terms supersede and replace any prior agreements.
We may revise these Terms from time to time, the most current version will always be at this page. By continuing to access or use the Website after new Terms’ revisions become effective, you agree to be bound by the revised Terms.
The Terms of Service and any disputes relating to the Website or the Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA.
Effective: March 19, 2019
