TERMS and CONDITIONS
BY CHECKING IN THE BOX BELOW AND/OR USING i4Home PRODUCTS, DEVICES AND APPS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY AMENDMENTS OR UPDATES. YOU SPECIFICALLY ACKNOWLEDGE YOU HAVE READ THE ENTIRETY OF THIS AGREEMENT AND UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT,
THIS VERSION OF TERMS & CONDITIONS IS EFFECTIVE ON March 15, 2018.
1. Definitions. This paragraph shall define certain terms as used throughout this Agreement. “Agreement” shall refer to this Agreement. “Product” or “i4Home system” shall mean the Smart Box Eco, Smart Box, Remote Control, Motion Sensors, Door/Window Sensors, Light Sensors, Smoke, Heat, and Gas Detectors, Smart Outlet, Medical Button,Range Extender, Ac Meter Sensors, Siren and applications (“apps”) You purchased, acquired, or use. “Premises” shall refer to the location where You chose to use the Product. “Company” and/or “i4Home” shall refer to and include i4Home Co., its owners, directors, officers, shareholders, partners, subcontractors, independent contractors, employees, distributors, retailers, agents, and assigns. “You” and “Your” shall refer to the individual(s) who purchase, acquire and/or use the Product, download the app, and/or execute this Agreement.
2. LIMITATION OF LIABILITY, WAIVER, AND LIQUIDATED DAMAGES.
It is understood and agreed: i4Home AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, SUBCONTRACTORS, DISTRIBUTORS, RETAILERS, AGENTS AND INDEPENDENT CONTRACTORS ARE not insurers nor is this agreement intended to be an insurance policy or a substitute for an insurance policy. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY, ROBBERY, THEFT, Property damage, Fire, Smoke, BODILY INJURY OR ANY OTHER TYPE OF EMERGENCY or damage. You ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR INSURANCE NEEDS, AND PURCHASING ANY NECESSARY INSURANCE. You agree to look solely and exclusively to your insurer to recover all loss, damage, or expense DUE TO LOSS AND/OR DAMAGE TO YOUR PERSONAL PROPERTY OR REAL PROPERTY ALLEGEDLY CAUSED BY THE PRODUCT.
You also agree to look solely and exclusively to your insurer in response to any claim for bodily injury, Property Damage, personal injury, and/or invasion of privacy ALLEGEDLY CAUSED BY THE PRODUCT, including claims made by or against you. YOU HEREBY RELEASE i4Home from ANY AND all loss, damage, and/or expense which may occur as a result of Your use, Misuse, or attempted use, of the product, including, but not limited to, the FAILURE OF THE PRODUCT to perform, YOUR alleged failure to comply with any relevant rule, statute, code, law or ordinance, and any act or omission of i4Home.
YOU acknowledge that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a FAILURE OF THE product, because, among other things: (a) The amount or value of property on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by a failure of the product is uncertain; (b) The amount of possible damages for Bodily injury or death is Uncertain; (c) what portion, if any, of any loss and/or Damage was proximately caused by the failure of the product is uncertain; AND, (D) The nature of the incidents the Product is meant to alert you to are unpredictable.
YOU understand and agree that YOUR recovery of damages against i4Home for any failure of the product, or any act or omission of i4Home, is limited to THE AMOUNT YOU PAID FOR THE PRODUCT. IN NO EVENT WILL i4Home BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF i4Home is ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability to the price YOU paid for the product ESTABLISHES i4Home exclusive liability to you, and applies where i4Home is alleged to be, or is found liable for, any Bodily injury, death, property loss, INVASION of privacy, or damage, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, indirect, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGE, resulting from any alleged failure of the Product. this limitation of liability shall apply irrespective of cause and regardless of whether such lawsuit or other claim is based upon active or passive negligence, breach of express or implied contract or warranty, contribution, indemnification, strict or product liability, failure to comply with any applicable law, or any other fault or failure of i4Home, or the product.
YOU ACKNOWLEDGE AND AGREE THAT:
(1) YOU HAVE THE OPPORTUNITY TO modify THIS LIMITATION OF LIABILITY BY CONTACTING i4Home AND NEGOTIATING FOR i4Home ASSUMPTION OF greater liability;(2) this limitation of liability does not conflict with any other provision in this Agreement; and, (3) this limitation of liability provision does not render any other provision in this agreement ambiguous.
Without limiting any portion of this section, YOU hereby further release i4Home from any and all loss, damage and/or expense and accept full responsibility for any loss, damage and/or expense caused by the deactivation OF PRODUCT SENSORS OR the creation of A PROFILE OF SPECIFIC PRODUCT SENSORS, some activated, some deactivated, to arm the product, and acknowledge that by deactivating any product sensor, either individually or through a profile of specific product sensors, YOU will not, even with the Product armed, receive alerts from the Product if, for example, a BREAK-IN occurs THROUGH a door or window with a DEACTIVATED SENSOR attached.
3. Limited WARRANTY.
I4Home warrants the Product against defects in materials and workmanship when used as instructed by i4Home user manual for a period of Two (2) YEARs from Your date of purchase.
This WARRANTY is NULL AND VOID IF PHYSICAL DAMAGE occurs to the Product in ANY WAY, INCLUDING BUT NOT LIMITED TO: REMOVAL or REPLACEMENT OF ELECTRONIC COMPONENTS, INCORRECT BATTERY USAGE, REMOVAL OF DEVICE SHELL or casing, Accessing the INTERIOR of the product with the exception of battery replacement in compliance with THE OWNER’S MANUAL, and/or any attempt to circumvent or alter the product’s prescribed operation
TO THE EXTENT PERMITTED BY local LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. I4Home DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. To the extent SUCH WARRANTIES CANNOT BE DISCLAIMED, i4Home LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT i4Home OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.
I4Home’S limited warranty covers only those defects arising from normal use of the product and does not cover any other problems, including those arising from: (1) improper maintenance; (2) software, media, parts or supplies not provided or supported by i4Home; (3) operation outside the product’s specifications; (4) abuse of the product; (5) normal wear and tear; or, (6) unauthorized modification, alteration, or misuse.
4.Limitations of Product. You acknowledge and agree that all alarm systems, including the Product, are subject to compromise or failure for reasons outside the control of the manufacturer, retailers and distributors, including, but not limited to: (a) Your misuse of the Product; (b) the ability of an intruder to gain access through a protected or unprotected opening; (c) an intruder’s technical sophistication enabling the intruder to bypass individual sensors or the entire system; (d) signals sent by the Product may be blocked or reflected before being received; (e) a motion sensor’s ability to detect an intrusion is limited to the designed ranges and unobstructed areas, and can be interfered with by other IR (infrared) signals; (f) deactivation of a Product sensor(s) to arm the i4Home system, either motion or contact; (g) the Product, like any electrical system, is subject to component failures; (h) the Product’s need for continued power, through battery and/or AC power; and, (i) the Products ability to function, including but not limited to applicable automated phone alert, short message service (“SMS”) alert and E-mail alert, may be compromised by malfunction of routers, limited services by wireless phone carriers, internet service providers (“ISP”) and other related service providers, internet connection dropout, limited speed of high-speed internet by ISP, limited service such as iMessage or other types of push notification provided by smartphone maker(s) or providers.
It is Your responsibility to properly set up and maintain the alert phone number list and notification Email in the i4Home App and ensure listed accounts are active, including but not limited to the ability to receive applicable phone calls, SMS alert, and Emails alert; Phone calls, SMS alerts and Email alerts may be subject to charge by Your service provider depending on Your plan with Your cell phone provided.
5. Transmission of Data. You understand and acknowledge the following: (a) the Product may transmit data to You through use of one or more forms of communication equipment or services, including, without limitation, a telephone network or some form of wireless communications (e.g., cellular or another form of radio transmission); (b) some or all of these communications equipment or services may access or incorporate the Internet, electric company lines, a local area network or some other form of computer network to transmit or retrieve data; (c) for data transmitted by a telephone network, there are various types of telephone line service including, without limitation, a Company-owned or operated network facility, direct wire, derived channel, multiplex, DSL, T-1, ISDN and various other forms of service; (d) for data transmitted by a wireless communications service or equipment, such services and equipment are problematic by their nature and can be affected or delayed by interference, atmospheric conditions, static, transmission system operation, etc.; and (e) for data transmitted or received via electric company power lines, the telephone company, the Internet or by any form of computer network, the Product’s ability to transmit or receive data will be dependent upon the electric company, Internet, Internet providers or computer network. Accordingly, You understand, acknowledge and agree that the Product is not infallible and the transmission and receipt of data, including, but not limited to video data, from the Product, regardless of the type of transmission used, may be interrupted, circumvented, or otherwise compromised, and, because ensuring proper transmission is outside of i4Home control, You are solely responsible for ensuring proper transmission. You understand, acknowledge, and agree that: (i) the Product including all devices, sensors, and detectors without limitation, are not supervised or monitored by anyone besides You; and, (ii) if the Product is incompatible, inoperative, or interrupted by any natural or human cause including, without limitation, any sort of interference, or the loss of a telephone line or dial tone (either because the line is cut, left off the hook, or otherwise), only You are responsible for ensuring the Product is working correctly; i4Home will not have any knowledge of a malfunction or misuse of the Product.
6. Our products.
Products may vary slightly from their pictures. The images of the products on our website and in any of our marketing campaigns are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
Product packaging may vary.
The packaging of the product may vary from that shown in images on our website or in any of our marketing campaigns.
Our rights to make changes. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the product.
Updates to digital content.
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. Such updates may be required to maintain the connection between your device and our server which is necessary to the proper operation of your device.
7. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on I4Home web site for personal, non-commercial and transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
– attempt to decompile or reverse engineer any software contained on I4Home website;
– remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by i4Home at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8. Entire Agreement. The Terms of this Agreement (including any policies, guidelines or amendments that may be presented to You from time to time such as Policies and Legal Notices) constitute the entire agreement between You and i4Home and govern Your use of the Product, superseding any prior agreements between You and i4Home for the use of Product.