Terms of Service (“Terms”)
Last updated: 4/23/18
Thank you for visiting SecureHome, Inc. (“SecureHome”) Terms. These Terms govern your access and use of www.securehome.io and any sub-pages (“Site”), SecureHome Cloud, and the SecureHome Mobile App (“App”) and Network sensor (“SecureHome Device”). The Site, App, Cloud, and SecureHome Device will be collectively called the “Service” throughout the remainder of this document, and when applicable, the Terms will call out each specifically. This Service is operated by SecureHome (sometimes referred to as “we” or “us” in these Terms).
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and SecureHome, Inc., concerning your access to and use the Site as well as any other media form, media channel, mobile website or mobile application.
SecureHome makes no representation that the Service is appropriate or available in other locations other than where it is operated (United States of America). The information provided is not intended for distribution to or use by any person or entity in any [other] jurisdiction or country. Accordingly, these persons who choose to access and use the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, you are responsible in all cases for complying with local, state and federal law, regulations and guidance, if and to the extent such laws, regulations and guidance are applicable in relation to your use of the Services.
BY ACCESSING OR USING THE SERVICE YOU AGREE THAT YOU HAVE THE AUTHORITY TO ARE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT AND SHOULD NOT ACCESS THE SERVICE IN ANY WAY.
SecureHome bills you through an online billing account for access to the Service. You agree to pay SecureHome all charges at the prices then in effect for the Service you or other persons using your billing account may purchase, and you authorized SecureHome to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable service. SecureHome reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchase as deemed required by SecureHome. SecureHome may change prices at any time, but will notify customers in advance. All payments shall be in U.S. dollars.
In the interest of fraud prevention, SecureHome may, and you authorize SecureHome to, make certain inquiries that we may consider necessary to verify or check your identity in connection with payments. By making a payment to SecureHome, you confirm that you are permitted to make such payment.
By using our Service, you represent and warrant that:
You also agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or SecureHome suspects that such information is untrue, inaccurate, not current or incomplete, SecureHome has the right to suspend or terminate your account and refuse any all current or future use of the Service.
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or other objectionable or when a trademark owner complains about a username.
If you are accessing the Services via a mobile application, then SecureHome grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SecureHome or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of SecureHome or other intellectual property of SecureHome in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the SecureHome Services. You acknowledge that this Agreement is concluded between you and SecureHome only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and SecureHome, not an App Distributor, is solely responsible for the SecureHome application and the content thereof. Notwithstanding the foregoing and for the avoidance of doubt, SecureHome is not responsible for any harm caused by an App Distributor nor for any breaches of terms, licenses, or similar agreements between you and the App Distributor.
(1) SCOPE OF LICENSE: The license granted to you for the SecureHome application is limited to a non-transferable license to use the SecureHome application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
(2) MAINTENANCE AND SUPPORT: SecureHome is solely responsible for providing any maintenance and support services with respect to the SecureHome application, as specified in this Agreement. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the SecureHome application.
(3) WARRANTY: SecureHome is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the SecureHome application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the SecureHome application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the SecureHome application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SecureHome’s sole responsibility.
(4) PRODUCT CLAIMS: You acknowledge that SecureHome, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the SecureHome application or your possession and/or use of the SecureHome application, including, but not limited to: (i) product liability claims; (ii) any claim that the SecureHome application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the SecureHome application or your possession and use of the SecureHome application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the SecureHome application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the SecureHome application.
(8) THIRD PARTY BENEFICIARY: SecureHome and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
While SecureHome is interested in hearing from you regarding your questions or comments, we do not accept or consider unsolicited submissions of any kind in any format, by any means of transmission (including email). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the SecureHome Services (“Submissions”) provided by you to SecureHome are non-confidential and SecureHome (as well as any designee of SecureHome) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
From time to time, SecureHome may expressly request submissions of content from you. Where this is the case, please carefully read any specific rules or other terms and conditions which are provided with such a request, as they will affect your legal rights. If no additional terms are provided, then these Terms will apply in full. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to SecureHome. SecureHome will consider anything you provide to SecureHome and/or contribute to the Services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following in writing to the address given below:
SecureHome seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
You may not access or use the Website for any other purpose other than that for which SecureHome makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SecureHome. Prohibited activity includes, but is not limited to:
If you become involved in any violation of system security, SecureHome reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
SecureHome reserves the right to investigate suspected violations of these Terms. We may seek to gather information from any user who is suspected of violating these Terms and from any other user. If SecureHome believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts or your access to the Services, or take other corrective action it deems appropriate. SecureHome will fully cooperate with any law enforcement authorities or court order requesting or directing SecureHome to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS SECUREHOME FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SECUREHOME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SECUREHOME OR LAW ENFORCEMENT AUTHORITIES.
The content on the Website (“SecureHome Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to SecureHome, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SecureHome Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All SecureHome graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of SecureHome in the United States and/or other countries. SecureHome’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the SecureHome.
SecureHome Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the SecureHome Content and to download or print a copy of any portion of the SecureHome Content to which you have properly gained access solely for your personal, non-commercial use. SecureHome reserves all rights not expressly granted to you in and to the Website and SecureHome Content and Marks.
The Website contains (or you may be sent through the Website or the SecureHome Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and SecureHome takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SecureHome reserves the right but does not have the obligation to:
* monitor the Service for violations of this Agreement;
* take appropriate legal action against anyone who, in SecureHome’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
* in SecureHome’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any SecureHome policy;
* in SecureHome’s sole discretion and without limitation, notice or liability to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to SecureHome’s systems;
* otherwise manage the Service in a manner designed to protect the rights and property of SecureHome and others and to facilitate the proper functioning of the Service.
This Agreement shall remain in full force and effect while you use the Service or are otherwise a user or member of the Service, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SECUREHOME RESERVES THE RIGHT TO, IN SECUREHOME’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE AND THE SECUREHOME SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND SECUREHOME MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE AND THE SECUREHOME SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN SECUREHOME’S SOLE DISCRETION.
In order to protect the integrity of the Website and SecureHome Services, SecureHome reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and SecureHome Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF SECUREHOME’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A SECUREHOME CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If SecureHome terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, SecureHome reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
SecureHome may modify this Agreement from time to time. Please check our Website regularly as any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the SecureHome Services after any such modification becomes effective. SecureHome may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and will be bound by the updated Terms, whether provided on the website and/or by email. Modifications to this Agreement shall be effective after posting.
SecureHome reserves the right at any time to modify or discontinue, temporarily or permanently, the SecureHome Services (or any part thereof) with or without notice. You agree that SecureHome shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SecureHome Services.
* Governing Law; Jurisdiction. This Agreement and all aspects of the Website and SecureHome Services shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in United States of America County, Commonwealth of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum inconvenient with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or SecureHome Services be instituted more than two (2) years after the cause of action arose.
* Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and SecureHome agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
* Binding Arbitration. If you and SecureHome are unable to resolve a Dispute through informal negotiations, either you or SecureHome may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, SecureHome will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States of America County, Commonwealth of Virginia. Except as otherwise provided in this Agreement, you and SecureHome may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
* Restrictions. You and SecureHome agree that any arbitration shall be limited to the Dispute between SecureHome and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
* Exceptions to Informal Negotiations and Arbitration. You and SecureHome agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or SecureHome’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor SecureHome will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and SecureHome agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. SecureHome reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
SecureHome cannot control the nature of all of the content available on the Service. By operating the Service, SecureHome does not represent or imply that SecureHome endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that SecureHome believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. SecureHome is not responsible for the conduct, whether online or offline, of any user of the Website or SecureHome Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SECUREHOME SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SECUREHOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SECUREHOME SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SECUREHOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SECUREHOME SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SECUREHOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SECUREHOME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liabilities and Exclusion of Damages
IN NO EVENT SHALL SECUREHOME OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SECUREHOME SERVICES, EVEN IF SECUREHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, SECUREHOME DISCLAIMES ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY COMPONENT OF THE SERVICES.
WITHOUT LIMITATION, YOU (AND NOT SECUREHOME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SECUREHOME SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SECUREHOME’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SECUREHOME FOR THE SECUREHOME SERVICES DURING THE PERIOD OF 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
[CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold SecureHome, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the SecureHome Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, SecureHome reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SecureHome, and you agree to cooperate, at your expense, with SecureHome’s defense of such claims. SecureHome will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to SecureHome shall be given by email to the address listed in the contact information below. Any notices given to you, including those regarding modifications to this Agreement, shall be in writing and given by SecureHome (i) via email to the address you provided or (ii) by posting to the Site or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. We may also choose to send notices by regular mail.
Our Service will maintain certain data that you transfer to the Service for the purpose of the performance of the SecureHome Services, as well as data relating to your use of the SecureHome Services. Although we perform regular routine backups of data, SecureHome is not responsible for any loss of data that you have transferred or that relates to any activity you have undertaken using the SecureHome Services. You agree that SecureHome shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against SecureHome arising from any such loss or corruption of such data.
Your use of the SecureHome Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SECUREHOME SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and SecureHome regarding the use of the SecureHome Services. The failure of SecureHome to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Neither this Agreement nor your account may be assigned by you without our express written consent. Any attempt by you to effect such an assignment or other transfer without our consent shall be null and of no effect. SecureHome may assign any or all of its rights and obligations to others at any time, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. SecureHome shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond SecureHome’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and SecureHome as a result of this Agreement or use of the Website and SecureHome Services. Upon SecureHome’s request, you will furnish SecureHome any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against SecureHome by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the SecureHome Services or to receive further information regarding use of the SecureHome Services, please contact SecureHome as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
2214 Rockhill Road
Herndon, VA 20170