End-User License Agreement (“Agreement”)
Please read this Agreement carefully prior to agreeing to its terms or using the Device. By clicking the “I Agree” button or by using the Device, you agree to be bound by the terms and conditions of this Agreement.
Definitions
The following definitions apply to the following capitalized terms:
“Agreement” means this End User License Agreement.
“Company” means SmartStream Home Services, including its owners, shareholders, partners, members, officers, directors, employees, parent company, subsidiary, affiliates, and successors in interest.
“Content” means electronic media (including data, video, audio) for which you have a license or legal right to access.
“Device” means Set-Top Box.
“Third Party Media” means electronic media (including data, video, audio) produced, distributed, or otherwise available by or from third parties.
“You” means the person or persons using the Device to access any electronic media, including any Content or Third Party Media.
Agreement
By using the Device, You agree to be bound by the terms and conditions of this Agreement.
The Agreement is a legal document and governs use of the Device to access any electronic media, including Content, Third Party Media, and any other electronic media. Purchase and use of the Device is strictly in accordance with the terms of this Agreement.
The purpose of the Device is to access and view Content which you own, license, or otherwise have a legal right to access. This Agreement does not grant you any license or right to access any electronic media (including data, video, audio). Use of the Device to access electronic media is at your own risk and is not the responsibility of the Company.
License
You are granted a limited, revocable, non-exclusive, non-transferable license to use the Device solely for the purpose of accessing Content.
This license is solely for personal, non-commercial uses.
You may not transfer, sell, rent, or assign this license; You may not distribute, host, or otherwise commercially exploit the Device, Content, Third Party Media, or any other electronic media accessed via the Device.
This Agreement does not grant any license to any Content, Third Party Media, or other electronic media.
Terms
The Company shall not be obligated to indemnify or defend you with respect to any claim arising from or in any way related to the Device or the use thereof to access any electronic media (including data, video, audio). You are solely responsible for any investigation, defense, or settlement of any claim relating in any way to Your use of the Device which infringes or is alleged to infringe any third party intellectual rights.
The Company may modify the terms of this Agreement at any time, without notice to you. You agree to be bound by the terms and conditions of the Agreement as modified. The Company may terminate this Agreement at any time.
The Company makes no representations as to the electronic security of the Device and You agree that use of the Device is at your own risk.
The Company does not provide any maintenance or support for the Device.
You agree to indemnify and hold the Company harmless from any claim or demand, including attorney fees, due to or arising out of Your use of the Device, violation of this agreement, or violation of the rights of any third party.
No Warranties
THE DEVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEVICE OR ITS USE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAINKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE DEVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: AS TO THE OPERATION OF THE DEVICE; THAT THE USE OF THE DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE DEVICE, SERVERS ACCESSED VIA THE DEVICE, ANY CONTENT OR OTHER ELECTRONIC MEDIA ACCESSED VIA THE DEVICE, OR EMAILS FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.
THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability
Notwithstanding any damages You or any user may incur, the entire liability of the Company shall be limited to the amount actually paid by You to the Company for the Device and its use. This shall be the only and exclusive remedy available to You.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the Device or its use, or inability to use the Device, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
General Terms
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. All remaining provisions of the Agreement will continue in full force and effect.
The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
This Agreement is governed by and pursuant to the laws of the State of Colorado.
Any action brought relating in any way to this Agreement, the Device, or use of the Device shall be brought in Colorado. You agree to submit to the jurisdiction of the courts of the State of Colorado.
Service Agreement (“Agreement”)
Please read this Service Agreement carefully prior to agreeing to its terms or using the Service. By clicking the “I Agree” button or by using the Service, you agree to be bound by the terms and conditions of this Agreement.
Definitions
The following definitions apply to the following capitalized terms:
“Agreement” means this Service Agreement.
“Company” means SmartStream Home Services, including its owners, shareholders, partners, members, officers, directors, employees, parent company, subsidiary, affiliates, and successors in interest.
“Content” means electronic media (including data, video, audio) for which you have a license or legal right to access.
“Device” means Set-Top Box.
“Service” means accessing Content via connection to server made available by the Company.
“Service Period” means one calendar month.
“Service Charge” means the charge for the Service Period.
“Third Party Media” means electronic media (including data, video, audio) produced, distributed, or otherwise available by or from third parties.
“Customer” means the person or persons who agrees to the terms of this Agreement by clicking on the “I Agree” button on Company’s website.
“You” means the person or persons using the Device to access any electronic media, including any Content or Third Party Media.
Agreement and Terms
Customer seeks to purchase the Service from the Company pursuant to the terms and conditions set out in this Agreement. Customer acknowledges and agrees that all persons accessing the Service are bound by the terms and conditions of this Agreement.
This Agreement begins on the date you agree to these terms and conditions by clicking on the “I Agree” button on the Company’s website. This Agreement (including any amendments) will continue month-to-month until discontinued by the Customer or the Company.
The Company may amend the terms of this Agreement at any time, without notice to Customer. You agree to be bound by the terms and conditions of the Agreement as amended.
The Customer and the Company each have the right to terminate this Agreement at any time, for any reason.
Upon cancellation by the Customer, the Company will no longer provide the Service after expiration of the month for which payment has been received from Customer. The Company shall have no obligation to refund any payments to the Customer if the Service is cancelled by the Customer.
The Company may terminate this Agreement and discontinue Service at any time, with or without notice. The Company may immediately discontinue Service in the event Customer fails to make timely payments.
Customer agrees to pay per month for the Service.
In the event that the Company is unable to fulfill the Service for ten (10) days or more during any Service Period and is unable to restore the Service, Company will refund a prorated amount of the monthly charge. Company shall not, under any circumstances, be liable for more than the charge for one month of Service.
In the event that Customer requests a refund, the Company shall have the sole right to determine whether to refund any payments made by Customer. Company has the sole right to determine the amount of any refund.
The Company will make good faith efforts to ensure that the Service is regularly available. The Company makes no representations about the availability of the Service and the Customer acknowledges that interruptions in the Service may occur. The Customer also acknowledges that there may be times when the Company will be unable to provide the Service. The Company shall have no liability (other than the refund of the prorated amount set forth in this Agreement) in the event that the Service is unavailable.
You acknowledge that the Company does not grant You any license or other right to access any Content or Third Party Media while using the Service. The purpose of the Service is solely to access Content; You use the Service at Your own risk.
The Company shall not be obligated to indemnify or defend you with respect to any claim arising from or in any way related to the use of the Service. You are solely responsible for any investigation, defense, or settlement of any claim relating in any way to use of the Service which infringes or is alleged to infringe any third party intellectual rights.
The Company makes no representations as to the electronic security of the Service and You agree that use of the Service is at your own risk.
Beyond making good faith efforts to make the Service available the Company is not obligated to provide any maintenance or support.
Customer agrees to indemnify and hold the Company harmless from any claim or demand, including attorney fees, due to or arising out of Your use of the Service, violation of this agreement, or violation of the rights of any third party.
No Warranties
THE SERVICE IS PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAINKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: AS TO THE OPERATION OF THE SERVICE; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE SERVICE, SERVERS ACCESSED, ANY CONTENT OR OTHER ELECTRONIC MEDIA ACCESSED, OR EMAILS FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.
THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability
Notwithstanding any damages Customer or Your may incur, the entire liability of the Company shall be limited to the amount paid by Customer for the Service for three (3) Service Periods. In no event will the liability of the Company exceed the equivalent of three (3) Service Charges. This shall be the only and exclusive remedy available to You.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the Service, or inability to access the Service, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
General Terms
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. All remaining provisions of the Agreement will continue in full force and effect.
The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Customer represents and warrants that (i) Customer is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) Customer is not listed on any United States government list of prohibited or restricted parties.
This Agreement is governed by and pursuant to the laws of the State of Colorado.
Any action brought relating in any way to this Agreement or the Service shall be brought in Colorado. You agree to submit to the jurisdiction of the courts of the State of Colorado.