SYNCMYHOME.COM TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
A. The SYNCMYHOME.COM web site has been by developed by Sync My Home, Inc., a California corporation, to provide the general public (called “Visitor” or “Visitors”) with an attractive, consumer friendly source of information about the wide range of electronic home integration and automation technologies and applications that are currently available together with clear understandable explanations of how those technologies can fit into and enhance each Visitor’s personal lifestyle.
B. In addition to general information, the SYNCMYHOME.COM website contains a Dealer Finder feature where interested Visitors may search for participating industry specialists who can further explain, sell, install, and maintain the various electronic home integration and automation technologies and applications described on SYNCMYHOME.COM.
C. The following is a detailed description of the terms and conditions under which Visitors to the SYNCMYHOME.COM website (called the “Site”) may use the information, materials, and resources provided on the Site in their search for electronic home integration and automation technologies and applications that will fit their personal lifestyles.
BY USING THE SYNCMYHOME.COM WEBSITE, VISITORS UNDERSTAND AND AGREE THAT THEIR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1.0 LIMITED LICENSE.
1.1 Subject to the terms and conditions set forth below, Sync My Home, Inc. grants Visitors a non-exclusive, non-transferable, limited right and license to do the following:
(a) Access the SYNCMYHOME.COM website and
(b) Access, display, print, copies of the information and materials provided on the Site (called the “Content”) for the Visitor’s personal information and use.
1.2 Visitors agree to limit Visitor’s activity to viewing, displaying, printing, and using the Content provided by on the Site for its intended purpose and not to initiate any action that will interrupt or in any way interfere with the normal operation of the SYNCMYHOME.COM website.
1.3 This authorization does not constitute the transfer of an ownership interest in the Content on the Site, or in the copies of the Content made by Visitor and is subject to the following restrictions:
(a) Visitor must retain all copyright, trademark, and other proprietary rights notices contained in the Content as they originally appeared on the Site on all copies that Visitor may make;
(b) Visitor may not use the Content in any manner that is defamatory, or disparaging of SYNC MY HOME, INC., its products or services, that is threatening or obscene, harassing, or otherwise harmful or unlawful;
(c) Visitor may not modify the Content in any way;
(d) Visitor may not transfer the Content to any other person except in connection with the Visitor’s search for products or services for Visitor’s personal use and in strict conformity with these Terms and Conditions of Use;
(e) Visitor agrees to abide by all additional restrictions on the use of the Content that may be provided and displayed on the Site as it may be updated from time to time;
(f) The Content provided on the Site is copyrighted material and is protected by the copyright laws of the United States and the provisions of various international agreements to which the United States is a party. Visitor agrees to comply with all copyright laws in Visitor’s use of the Content and to prevent any unauthorized copying of the Content;
(g) Except as expressly provided herein, SYNC MY HOME, INC. does not grant any express or implied right to Visitor under any patents, trademarks, copyrights, or trade secret rights that may exist in the Content.
2.0 CONTENT SHARING.
If Visitor uses Content from the Site, Visitor agrees that Visitor is responsible for keeping such information up to date, and SYNC MY HOME, INC. shall have no obligation to notify Visitor or otherwise advise Visitor of any changes, corrections, additions, deletions or substitutions it may make to the Site or the Content.
THE CONTENT PROVIDED ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SYNC MY HOME, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
VISITOR ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH OPINIONS, ADVICE, STATEMENTS, MEMORANDUM, OR INFORMATION SHALL BE AT VISITOR’S SOLE RISK.
SYNC MY HOME, INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SYNC MY HOME, INC. MAY MAKE ANY OTHER CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS, PROGRAMS, OR SERVICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THE SITE AND THE CONTENT ON THE SITE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SITE OR CONTENT MADE AVAILABLE AT THE SITE ARE FREE FROM ANY VIRUSES OR OTHER DISTRUCTIVE CODE OR ELEMENTS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO VISITOR.
4.0 THIRD-PARTY SITES.
As a convenience to Visitor, SYNC MY HOME, INC. may provide links to websites operated by other entities on the Site. If Visitor uses these links, Visitor will leave the Site. If Visitor decides to visit any linked site, Visitor will do so at Visitor’s own risk and it is Visitor’s responsibility to take all protective measures to guard against viruses or other destructive elements that may exist on the other sites. SYNC MY HOME, INC. makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing on them or any of the products or services described on the other sites. Links to third party sites do not imply that SYNC MY HOME, INC. or any other Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, copyright, or symbol displayed in or accessible through the links to third party sites, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SYNC MY HOME, INC.
5.0 DEALER FINDER.
Dealers listed in the SYNCMYHOME.COM website’s Dealer Finder are independent businesses and are not affiliated with Sync My Home, Inc. Sync My Home, Inc. has independently verified that the dealers in the Dealer Finder were licensed to provide their indicated services in the jurisdictions where they do business at the time they applied to be listed on the Dealer Finder, but Sync My Home, Inc. has not engaged in any further investigation or evaluation of these independent businesses. Accordingly, Sync My Home, Inc. does not make any representations with regard to the Dealers listed in the Dealer Referral service and Sync My Home, Inc. is not the representative or agent of the of the Dealers listed, and the Dealers are not the representatives or agents of Sync My Home, Inc and neither Sync My Home, Inc, nor the Dealers have any power to assume any obligations on behalf of the other.
6.0 LIMITATION OF DAMAGES.
IN NO EVENT SHALL SYNC MY HOME, INC. OR ANY OF ITS AFFILIATES BE LIABLE TO VISITOR OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON VISITOR’S INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SYNC MY HOME, INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.0 TERMINATION, CHANGES, AND SUSPENSION.
7.1 SYNC MY HOME, INC. reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time. Changes in these Terms and Conditions of Use will be effective when notice of such change is posted on the Site. Visitor’s continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.
7.2 SYNC MY HOME, INC. reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, or Visitor’s access to the Site at any time. SYNC MY HOME, INC. may also impose limits on certain features and services or restrict Visitor’s access to parts of or the entire Site without notice or liability. SYNC MY HOME, INC. may terminate the authorization, rights, and licenses given above at any time without cause. In the event of such termination, Visitor shall immediately cease all future use of the Content.
8.0 INTERNATIONAL USERS AND CHOICE OF LAW.
This Site is controlled, operated and administered by SYNC MY HOME, INC. from its offices within the United States of America. SYNC MY HOME, INC. makes no representation that Content on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the Site’s contents are illegal is prohibited. Visitors may not link to or use the Site or export the Content in violation of U. S. export laws and regulations. If Visitors accesses the Site from a location outside of the United States, Visitors will be solely responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the internal laws of the State of California, without regard to its conflict of laws provisions. The parties exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods if otherwise applicable. The place of making and the place of performance of these Terms and Conditions of Use for all purposes shall be the County of Monterey, California regardless of the actual place of execution or performance. Visitor agrees to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Site, the Content, or these Terms and Conditions of Use.
9.0 ENGLISH LANGUAGE.
Visitor agrees that there shall be no requirement to translate the Site, the Content, or any portion thereof or language thereon, into any other language than the one in which they appear, and that all contractual and transactional communications related to these Terms and Conditions of Use or the use of the Site or the Content shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
10.0 ENTIRE AGREEMENT & ENFORCEMENT.
These Terms and Conditions of Use constitute the entire agreement between SYNC MY HOME, INC. and Visitor with respect to Visitor’s use of the Site and the Content. These Terms and Conditions of Use are not intended to alter the terms or conditions of any other agreement Visitor may have with SYNC MY HOME, INC., its affiliates, service providers, or business partners to the extent that those agreements govern issues other than Visitor’s use of the Site, nor any agreements that they may have with one another. Any cause of action Visitor may have with respect to Visitor’s use of the Site or the Content must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.