TERMS OF USE

Effective Date: February 1, 2014

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING AN ACCOUNT OR USING THE SMARTHOME VENTURES WEBSITE OR PRODUCTS. This Agreement is between you (sometimes referred to "you", or "your") and SmartHome Ventures, LLC, a Delaware limited liability company ("we", "us", "our", or "SHV"). BY CREATING AN ACCOUNT, OR USING, THE WEBSITE, SYSTEM, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS, INCLUDING OUR PRIVACY POLICY AND ALL OTHER POLICIES REFERENCED IN THIS AGREEMENT OR ON THE WEBSITE. EACH TIME YOU ACCESS OR USE THE WEBSITE, SYSTEM, OR SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, SO PLEASE REVIEW THIS AGREEMENT PERIODICALLY FOR ANY CHANGES OR UPDATES THAT WE MAY MAKE FROM TIME TO TIME.

THE SYSTEM AND SERVICES (INCLUDING EQUIPMENT) ARE NOT A CERTIFIED EMERGENCY RESPONSE SERVICE AND ARE NOT LINKED TO ANY EMERGENCY SERVICE NUMBERS. IF YOU BELIEVE THAT A NOTICE YOU RECEIVE FROM THE SYSTEM OR SERVICES (INCLUDING EQUIPMENT) IS AN EMERGENCY, CALL 911 IMMEDIATELY.

1. OUR AGREEMENT

1.1 SmartHome Ventures System. SHV provides this website (the "Site") and related products and services (collectively, our "Services") to help you monitor and control various areas in your home (your "Premises") through our proprietary software and technology, updates, enhancements, and modifications (our "System"). Our Services also include all content we provide on the Site or on Mobile Apps (defined below) (the "Content"), our products and equipment (the "Equipment"), and instructions and help files ("Documentation"), and may include the availability of mobile applications ("Mobile Apps") for you to download and use on handheld devices and tablets ("Mobile Devices"). Depending on what you decide to purchase, your Equipment may include the SmartHome Hub ("Hub"), motion detectors, thermostats, door and window contact transmitters, cameras, and other detection sensors and devices.

1.2 Your License. Subject to the terms and conditions of this Agreement and payment of Fees, SmartHome Ventures hereby grants you a non-exclusive, non-transferable limited license to access and use the System. You may only use the System and Equipment for your own personal needs. You may print only enough copies of Documentation for your personal needs. You may not do anything else with any Content, such as re-publish, rent or sell any of the Content yourself. SmartHome Ventures™ , PEQ™, and marks and logos used on the Site or Services are trademarks owned by us. Use of the Site or Services does not grant you any rights to use any trademark, service mark, or logo displayed on the Site or Services.

1.3 Data. Our System may allow you to install cameras in your Premises. If you decide to do so, you may create certain "rules" to allow for the creation of videos and still images of your Premises. You may also access the cameras in real time to watch a streaming video or to record a video or capture an image on demand. Video and images that are captured or recorded are stored in our System, and are covered by our Privacy Policy. Any videos, images, or information provided by you in your account or via the Equipment, or provided to you by the System or Equipment, is owned by SmartHome Ventures. Once your account is closed, you will not be able to access any information. MAKE SURE YOU PRINT OR DOWNLOAD INFORMATION YOU WANT TO KEEP. SHV IS NOT RESPONSIBLE FOR PROVIDING ANY COPIES OF INFORMATION DURING OR AFTER YOUR USE OF THE SYSTEM OR SERVICES.

1.5 Changes to this Agreement. This Agreement is the entire agreement between us relating to the System and Services, and no other verbal or written statements change the terms of this Agreement. No additional statements outside the terms of this Agreement, including, without limitation, statements regarding capacity, suitability for use or performance, whether made by employees of SmartHome Ventures or otherwise, is a warranty or promise by SHV, and we have no responsibility or liability for any such statements. We may change this Agreement and our Privacy Policy at any time and without notice. Any changes to this Agreement or our Privacy Policy will apply immediately upon posting on the Site. If you have previously registered an account, SmartHome Ventures may notify you about the changes via the email address you provided for your Account, but is not obligated to do so. However, you understand that you must check this Agreement periodically for changes. The most current version of this Agreement can be reviewed at https://mypeq.com/privacy-policy. YOUR USE OF THE SERVICES AFTER CHANGES ARE POSTED TO THIS SITE OR THE MOBILE APPS MEAN YOU HAVE AGREED WITH THE CHANGES.

2. YOUR USE OF THE SMARTHOME VENTURES SYSTEM

2.1 Your User Account.
(a) You can register for an account on the Site or the Mobile App by providing your name and other information requested. You can add personal information into your user account profile, but it is not required. If you add personal information into your profile, the information stays there until you change or remove it.

(b) You are responsible for providing correct and current information that applies only to you. You are responsible for keeping your email address current and notifying us of changes. You certify that you are at least 18 years of age.

(c) You are responsible for any information you upload to the Site or the Mobile App. You will not knowingly upload any infections, viruses, worms, Trojan horses, or other code that could be harmful to the Site, the Mobile App, or our computer systems.

(d) You are responsible to keep your user name and password secret. Anyone with access to your user name and password will be able to access your account. It is your responsibility to change your password periodically and if you think your security has been compromised.

(e) You are responsible for signing out of your account appropriately to prevent others from seeing your information. Use the LOGOUT button to close your account and prevent others from seeing your personal information, including if you share a computer or Mobile Device with someone else, or use a computer in a library or other public place.

(f) YOU UNDERSTAND AND AGREE (1) THAT HOW YOU USE THE SYSTEM AND SERVICES (INCLUDING ANY DOCUMENTATION, EQUIPMENT, CONTENT, OR OTHER MATERIAL OR INFORMATION YOU GET FROM US) IS YOUR OWN DECISION AND AT YOUR OWN RISK, AND (2) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR FOR ANY DATA YOU LOSE, THAT RESULTS FROM YOUR DOWNLOAD OF ANY CONTENT OR MATERIAL FROM THE SITE OR THE MOBILE APPS. WE DO NOT GUARANTEE THAT FILES OR OTHER MATERIALS AVAILABLE THROUGH THE SYSTEM, THE SITE, OR THE MOBILE APPS WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER OR MOBILE DEVICE.

2.2 Your Use of the Mobile App

(a) You may access and use the Mobile Apps for your personal needs and under the terms of this Agreement and any terms required to download the Mobile Apps. You must provide the Mobile Device and other equipment and wireless connections to access the Mobile Apps at your own expense. The terms of your contract with your wireless or mobile network provider (Mobile Provider) will continue to apply when using the Mobile Apps. Your Mobile Provider may charge you fees for your use of the network connection services while accessing the Mobile Apps, for data downloading, email, text messages, roaming, and other Mobile Provider or third party charges. YOU ACCEPT SOLE RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES OR MOBILE APPS PROVIDER FEES.

(b) When you access Mobile Apps on your Mobile Device, SHV may obtain information from your Mobile Provider about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device. Certain features of the Mobile Apps may require our collection of the phone number from your Mobile Device. We may link that phone number to the Mobile Device identification information.

(c) Some Mobile Providers use technology that tracks the physical location of Mobile Devices using their service. Depending on your Mobile Provider, we may automatically receive this information. We may use this information as part of the Services - for example, so that if you instruct our System to turn on lights in your home when you leave work, our System will know from your Mobile Device when you leave work. We may also recommend additional products you can purchase in your location to enhance the Services, based on how you use the Services and your current set of Equipment. You agree that we may use and store this information to provide location-based services, including location-targeted advertising. You may choose to turn off your Mobile Device location data collection either within your Mobile Device's Location Services settings. This may disable any features that use this data.

(d) When using Mobile Apps as part of the Services, you agree that you will NOT:

1. make and distribute copies of the Mobile Apps;
2. try to copy, change, reverse engineer, disassemble, decompile, derive the source code of, decrypt, transfer, frame, exchange, or translate the Mobile Apps;
3. create derivative works of the Mobile Apps;
4. install, use or allow the Mobile Apps to exist on more than one Mobile Device at a time without separate downloads of the Mobile Apps, each of which is individually governed by this Agreement;
5. distribute or link the Mobile Apps to multiple Mobile Devices or other services; or
6. make the Mobile Apps available over a network or allow access or use by multiple Mobile Devices or users at the same time.

(e) You understand that the Mobile Apps are provided over the Internet and mobile networks, so the quality and availability of the Mobile Apps may be affected by factors outside our control. We do not guarantee that the Mobile Apps will be compatible or operate with your Mobile Provider's service plans, or with any particular Mobile Devices or other piece of hardware, software, equipment, or device you install on or use with your Mobile Devices. We are not responsible if the Mobile Apps are unavailable, or for any difficulty or inability to download or access content, any compatibility or interoperability issues, or any communication system failure which may result in the Mobile Apps being unavailable. We do not provide support or maintenance for the Mobile Apps.

(f) The Mobile Apps may allow you to store your login credentials on your Mobile Devices, so that you can automatically log in each time you open the Mobile Apps. If someone else has access to your Mobile Device (e.g. through theft), the automatic login feature will allow that person to have access to your Mobile Apps account. IF YOUR MOBILE DEVICE IS LOST OR STOLEN, YOU MUST CONTACT YOUR MOBILE PROVIDER IMMEDIATELY TO PREVENT THE UNAUTHORIZED USE OF THE MOBILE APPS. YOU ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM UNAUTHORIZED ACCESS TO THE MOBILE APPS.

2.3 Your Use of the SmartHome Ventures System and Equipment.

(a) IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL LAWS AND REGULATIONS THAT APPLY TO THE OPERATION, ACCESS, OR USE OF THE SYSTEM AND EQUIPMENT INCLUDING, WITHOUT LIMITATION, ALL PERMITTING REQUIREMENTS. You agree to provide us with permit numbers and other information that we may request from time to time

(b) You are responsible for buying, installing, and maintaining the equipment and telecommunication services you need to access, operate, and utilize the System and the Equipment. You must maintain the Equipment as instructed in the Documentation, and replace Equipment batteries and inspect, clean, and maintain the Equipment weekly to ensure proper operation. The Hub requires that the Hub be connected to an "always on" Internet connection. SHV may remotely activate or disable any feature or application on the Hub with or without notice to you. FOLLOW ALL INSTRUCTIONS AND READ ALL WARNINGS IN THE DOCUMENTATION CAREFULLY.

(c) If you choose to receive text message notices from the System or Equipment, you are solely responsible for any text messaging and data usage charges. SHV does not guarantee that text messages generated by the System or Equipment will be delivered within a specific period of time or at all, and SmartHome Ventures is not responsible for delays or undelivered text messages. SHV may, in its discretion, limit the amount of text messages that are generated by the System or Equipment at any time and for any reason. You can stop the messages at any time by changing your personal settings.

(d) Your access to the System is dependent on your computer equipment and telecommunications services at your Premises. The Hub and other Equipment requiring wireless access is dependent on your wireless capabilities and network at your Premises. SmartHome Ventures is not liable if you cannot access or use the System or Equipment because of factors outside our control, including, without limitation, faulty equipment, faulty transmission systems, wireless service limitations, power, Internet, or telecommunications outages, or your wireless device, network. SHV does not guarantee that text messaging will work with your wireless carrier or network. SHV does not guarantee that the System or Equipment will be compatible or operate with your computer, Mobile Device, Mobile Provider service plan, or wireless service plan, or with any particular computer, Mobile Device, or other piece of hardware, software, equipment or device you install on or use with your computer, Mobile Device, or the Equipment.

(e) You understand and agree that it is your sole responsibility (a) to ensure that notices generated via the System or the Services are sent to you, and (b) to determine the right response to all notices regarding events monitored by the Equipment. You understand that the Equipment may experience signal transmission failures or delays for any number of reasons, and that the System employs a number of measures to help reduce the number of false notifications, including, without limitation, the implementation of default settings and various procedures to determine when and how to respond, if at all, to certain events. HOWEVER, YOU ARE RESPONSIBLE FOR ANY ACTION YOU TAKE OR DO NOT TAKE BASED ON NOTICES YOU RECEIVE FROM THE SYSTEM AND EQUIPMENT MONITORING YOUR PREMISES, AND FOR ALL RELATED COSTS. You understand that the System and Equipment have not been designed or programmed to comply with any specific law or regulation that applies to your Premises including, without limitation, any code provisions of the National Fire Protection Association or the International Residential Code, or National Electric Code.

(f) WE MAKE NO GUARANTEES ABOUT WHETHER THE SERVICES OR THE SYSTEM WILL HELP YOU ACHIEVE THE RESULTS YOU WANT.

2.4 Your Responsibilities. You agree when using the Services, you will NOT:

(a) pretend to be someone else;
(b) look at someone else's information;
(c) collect information about other people, including e-mail addresses;
(d) interfere with the Services;
(e) try to figure out how the software making up the Services works;
(f) use the information on the Services to create or sell a similar service or similar information;
(g) send any chain letters, junk mail, unauthorized e-mail, or advertisements;
(h) encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
(i) remove any notices contained in the Content; or
(j) use the Services to violate the law.

2.5 Third Party Websites and Widgets. We may provide links to websites or mobile applications of other companies. The links are provided for your convenience and SmartHome Ventures is not responsible for other companies' websites or mobile applications. We do not endorse any content, products, or services that may be available on those other websites. Please be aware that the Services may allow third parties to post widgets ("Widgets"). These Widgets are controlled by third party content providers ("Widget Providers"). SmartHome Ventures does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through Widgets. The Widgets may use "cookies" or otherwise gather or collect information about you, including by asking you to provide information through the Widgets. The use of these Widgets, and the privacy practices of the Widget Providers, are governed by the applicable Widget Providers' separate terms of use and privacy policies, if any. SMARTHOME VENTURES STRONGLY ENCOURAGES YOU TO REVIEW ANY SEPARATE TERMS OF USE AND PRIVACY POLICIES GOVERNING THIRD PARTY WEBSITES AND THE USE OF WIDGETS. YOU AGREE THAT SMARTHOME VENTURES IS NOT LIABLE FOR ANY DAMAGE OR LOSS RELATED TO THE WIDGETS, OR YOUR USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITE OR MOBILE APPLICATION.

2.6 Your Feedback. SmartHome Ventures welcomes your comments on the System and the Services (collectively, "Feedback"). If you give us Feedback, your Feedback will become the property of SHV, and you hereby irrevocably assign to SmartHome Ventures, all right, title, and interest in and to the Feedback and all worldwide copyrights, moral rights, and other intellectual property rights in the Feedback. SmartHome Ventures may use your Feedback without restriction, and without owning you any payment. If you provide any Feedback, you promise that: (a) you are owner of the Feedback or otherwise have the right to grant SHV ownership of the Feedback; (b) the Feedback does not violate the rights of any third party, and does not contain any personally identifiable information about third parties; and (c) all factual information contained in the Feedback is true and accurate.

3. FEES

3.1 Fees. We begin charging the Fees on the day you install and activate the SmartHome Hub. "Fees" means the license, service, installation, and other fees and charges for use of or access to the System and the Services, and any other products, equipment, or services provided by SmartHome Ventures under this Agreement or otherwise indicated in your account. Fees do not include any applicable taxes or duties, including, without limitation, state and local use, sales and property taxes, and duties, and you are responsible for all taxes and duties. If you fail to pay the Fees, we may suspend your access to the System or the Services, or we may terminate this Agreement, at our option.

3.2 No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHLY BILLING PERIODS. Sometimes, we may provide a refunds or discounts to some or all of our customers ("Credits"). The amount and form of Credits, and the decision to provide them, are in our sole and absolute discretion. The provision of Credits one time does not entitle you to Credits in the future.

3.3 Authority to Bill You. YOU AUTHORIZE SMARTHOME VENTURES TO CHARGE YOU FOR FEES IN ADVANCE AND ON A MONTHLY BASIS TO YOUR CURRENT, VALID, ACCEPTED METHOD OF PAYMENT (AS UPDATED FROM TIME TO TIME VIA YOUR ACCOUNT) ("Payment Method'). You promise that you are an authorized signatory of the credit or debit card or other Payment Method that you provide. Some services or ecommerce payments may be charged after we provide the service or product to you. The Fees will be billed on or before the date of your activation of the System and each month afterwards, until you notify us that you want to terminate the Services. If your activation date of begins on a day not contained in a given month, we may bill your Payment Method on another day we believe is appropriate. For example, if you activate the System on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. SHV reserves the right to change the timing of our billing, especially if your Payment Method is not successful. You may change your Payment Method information via your account.

3.4 Price Changes. SmartHome Ventures reserves the right to change the pricing for the System, Services, Equipment, or any components at any time. Price changes will take effect following email notification to you, or posting on our Site or Mobile Application. In addition, you understand that the amount billed each month may change for reasons that may include promotional offers or changing or adding Services or new pieces of Equipment, and you authorize SmartHome Ventures to charge your Payment Method for such varying amounts.

3.5 Insufficient Payment. If the Fees for any applicable monthly billing period are not successfully settled, due to expiration, insufficient funds, or otherwise, and you fails to change your Payment Method information, you are still responsible for any uncollected Fees, charges, and other amounts, and you authorize SHV to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges, for which you are solely responsible.

4. ECOMMERCE PURCHASES

4.1 Equipment Orders. SmartHome Ventures may allow you to buy Equipment via the Site or Mobile App, and each request to purchase Equipment is an “Orderâ€Ã‚. WHEN YOU PLACE YOUR ORDER, YOU AUTHORIZE SHV TO BILL THE PURCHASE PRICE AND ANY APPLICABLE FEES OR TAXES IN THE "SHOPPING CART" TO YOUR PAYMENT METHOD. Prices and availability of Equipment are subject to change without notice. SmartHome Ventures reserves the right to revoke any offer to sell Equipment on the Site or the Mobile App, and to correct any errors, even after you have submitted your Order, and even if your Order has been confirmed and your Payment Method charged. If your Payment Method has been charged, SHV will issue you the appropriate credit within a reasonable time after your Order has been revoked.

4.2 Shipment. Equipment will be shipped within a reasonable time after processing your Order. Shipment time will vary depending on the shipping method and service you select. SmartHome Ventures does not guarantee delivery at any certain time and is not responsible for shipping delays.

4.3 Warranty and Return Policy.

(a) If Equipment is damaged when you receive it, SmartHome Ventures, at its sole option, may provide replacement Equipment or refund the purchase price, as described in our Return Policy posted on the Site. You may also be eligible for refund or replacement, if the Equipment does not meet our Warranty Policy posted on the Site. If the Equipment you are returning was purchased as part of a PEQ bundle, any refund will be for the full price of the Equipment as if purchased individually, less the discount savings you received when purchasing the PEQ bundle. Note: A PEQ bundle is a collection of Equipment priced at a discount rather than at the individual Equipment price if sold separately.

(b) Once your request is received and approved, SmartHome Ventures will provide you a return authorization number and instructions for completing your return. Any Equipment returned without an authorization number will not be processed for replacement or refund. To be eligible for a replacement or refund, you will be responsible for shipping the returned Equipment to us at the address in our Return Policy on the Site.

(c) Please remove any confidential, proprietary, or personal information before returning your Equipment. SHV is not responsible for information left on returned Equipment.

4.3 Payment Processors. SmartHome Ventures may use the services of third party payment processors to process payments of credit cards and other accepted Payment Methods. Your purchase is subject to any additional terms and conditions imposed by these third party payment processors.

4.4 Third Party Website Purchases. If you place an Order and you are directed to a third party website to make your purchase, the purchase terms in this section do not apply, and your purchase will be governed by the terms of the third party website. YOU AGREE THAT SHV HAS NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY, FOR ANY CLAIM RELATED TO YOUR PURCHASES ON THIRD PARTY WEBSITES.

5. TERM; TERMINATION

5.1 Term. This Agreement is effective when you use and access the System or Services, or any part thereof, and shall continue on a month-to-month basis until terminated.

5.2 Termination. This Agreement and your license to use and access the System and Services will terminate immediately if either of us gives the other thirty (30) days’ notice. In addition, this Agreement and your license to use and access the System and Services will terminate immediately and without action from SmartHome Ventures in the event: (a) you breach the terms of this Agreement; (b) we cease providing access to the System generally; (c) your actual or suspected abuse or misuse of the System, Services, Equipment, or related products and services, as determined by SHV in its sole discretion; (d) use of the System or Services in violation of the law or any third party right; or (e) as otherwise provided in this Agreement.

5.3 Consequences of Termination. Upon termination of this Agreement, you must stop using the System and Services and, if you do, you will owe no more Fees. YOU WILL NOT HAVE ACCESS TO THE SITE, THE MOBILE APPS, OR ANY CONTENT, ACCOUNT INFORMATION, OR OTHER INFORMATION AFTER TERMINATION, AND WE HAVE THE RIGHT TO RETAIN OR DELETE ALL YOUR INFORMATION AT ANY TIME AS LONG AS WE FOLLOW THE LAW.

6. NO GUARANTEES

6.1 NO WARRANTY. THE SYSTEM AND SERVICES ARE PROVIDED "AS IS," EXCEPT FOR ANY WRITTEN WARRANTIES PROVIDED WITH EQUIPMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER THE SYSTEM NOR SERVICES ARE A HOME SECURITY SYSTEM, NOR DOES SMARTHOME VENTURES INTEND THE SYSTEM OR SERVICES TO BE A REPLACEMENT FOR A HOME SECURITY SYSTEM. SHV WILL NOT MONITOR SIGNALS RECEIVED VIA THE SYSTEM OR SERVICES (INCLUDING EQUIPMENT) AT ANY TIME. SMARTHOME VENTURES DOES NOT MONITOR THE SYSTEM OR SERVICES (INCLUDING EQUIPMENT) FOR SIGNALS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES OR PROVIDE NOTIFICATION OR OTHER VERIFICATION SERVICES COMMONLY PROVIDED WITH SECURITY ALARM SYSTEMS IN CASES OF EMERGENCY. THE SYSTEM AND SERVICES MAY NOT BE USED FOR ANY "LIFE SAFETY PURPOSE OR EXPECTATION".

6.2 Warranty Exclusions. We do not promise that the System or Services will be uninterrupted or will be error-free, or that any defects will be corrected. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We have no responsibility for the timeliness, deletion, misdelivery or failure to store any communication, information, or content.

6.3 You Must Comply with Laws and Regulations. SMARTHOME VENTURES DOES NOT WARRANT OR REPRESENT THAT USE OF THE SYSTEM OR SERVICES WILL RESULT IN COMPLIANCE WITH ANY LAWS OR REGULATIONS, AND YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS AND REGULATIONS IN YOUR INSTALLATION AND USE OF THE SYSTEM AND SERVICES.

7. SMARTHOME VENTURES IS NOT LIABLE TO YOU

7.1 Limitation on Damages. SHV IS NOT RESPONSIBLE FOR DAMAGES TO YOU OR YOUR FAMILY FOR ANY REASON. IN PARTICULAR, WITH RESPECT TO THIS AGREEMENT OR YOUR USE OF THE SYSTEM OR SERVICES WE, OUR SUPPLIERS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

(a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EXPENSES, LOSS OF WAGES, REVENUE OR BUSINESS;
(b) YOUR LOSS OF DATA OR PROFITS; OR
(c) USE OR MISUSE OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION IN THE SERVICES.
THIS IS TRUE WHETHER IT IS A RESULT OF A CONTRACT, NEGLIGENCE, OR STRICT LIABILITY CLAIM BY YOU OR ANY THIRD PARTY, AND WHETHER OR NOT SMARTHOME VENTURES KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

(SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU).

7.2 Your Sole Remedy. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SYSTEM OR SERVICE– OR ANYTHING ELSE - WILL BE TO STOP USING THE SYSTEM AND SERVICES. IN NO CASE WILL SMARTHOME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RELATING IN ANY WAY TO THIS AGREEMENT GREATER THAN $1,000.00.

8. INDEMNIFICATION

You will indemnify or reimburse SmartHome Ventures, our suppliers, and any of our parent or subsidiary companies or organizations, our successors, assigns or licensees, together with any of their officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the System or Services, your violation of this Agreement, any law or regulation, or any policy posted on the Site or the Mobile App, or your negligence or misconduct associated with using the System or Services.

9. GENERAL TERMS

9.1 Resolving Disputes. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS GOVERNED SOLELY UNDER THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE THAT A COURT IN JACKSON COUNTY, MISSOURI IS AN INCONVENIENT OR IMPROPER FORUM. The prevailing party in the arbitration shall be entitled to recover all costs associated with the arbitration from the other party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision.

9.2 Export. SmartHome makes no representation that the System or Services or other material or information included in the System or Services is appropriate to or available in locations outside of the United States. You may not use the System or Services, or export Content, Documentation, or Equipment in violation of United States export laws, regulations or restrictions. If you access the System or Services from outside of the United States, you are responsible for compliance with all applicable laws.

10. COMMUNICATING WITH SMARTHOME VENTURES

10.1 Our Communications. You can contact us using the Site or the Mobile App or by sending us an e-mail. Unless you tell us otherwise or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.

10.2 Legal Notices. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent by us electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. If you do not want legal notices sent electronically, send a written request to SmartHome Ventures to: [email protected]

11. CONTACT US

If you have any questions about the System or Services, you may e-mail us for Customer Support after clicking the "Support" link.

By using or otherwise accessing the System or Services, you are consenting to all the terms of this Agreement.