You have subscribed to a non-intrusive monitoring solution (the “Hardware”) designed and manufactured by HomeEXCEPT's Partners. (“Partners”). HomeEXCEPT has developed an integrated information, web, and mobile applications software (collectively, the “Software”) for use in conjunction with the Hardware (the Hardware and Software collectively referred to as the “System”), through which HomeEXCEPT provides to its customers non-intrusive monitoring services (the “Services”). The use of the Services by you is conditional on your acceptance of the terms and conditions of use set forth below ( “Terms and Conditions”). By using the Services you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of the Services. If you do not agree to abide by these Terms and Conditions, do not use the Services.
If you are not satisfied with any or all of the Terms and Conditions, your only remedy is to discontinue using the Services. If you are unable to meet any or all the conditions outlined in the Terms and Conditions for any reason, we have the right to deny you access to the Services. You agree to return the hardware to HomeEXCEPT within 60 days of terminating the Services.
HomeEXCEPT has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. HomeEXCEPT may, at any time without liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Services, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Services (ii) adding, removing or changing any fees or charges for use of the Services or any features thereof; (iii) removing, adding, modifying or otherwise changing any content comprising the Services (the “Content”). Subject to earlier termination as provided in this these Terms and Conditions, the agreement between you and HomeEXCEPT regarding the Services described herein (the “Agreement”) is month-to-month (collectively, the “Term”). You may cancel the Services at any time through your online account with HomeEXCEPT (“HomeEXCEPT Account”). HomeEXCEPT will not provide you with a refund for any partial subscription period that is unused as a result of your termination of the Agreement.
Changes in the Terms and Conditions or in the Services will be effective when HomeEXCEPT notifies you of such changes through your HomeEXCEPT Account. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of the Services immediately. Your continued use of the Services after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to your use of the Services and do not alter the terms or conditions of any other agreement you may have with HomeEXCEPT. HomeEXCEPT reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice, but confirms that it has no duty to do so.
All sections of the Terms and Conditions which by their nature should survive termination of the Agreement will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability.
Notwithstanding the foregoing, we may remotely update any version of the Software with or without prior notice to you. The updates may occur automatically or may be caused to occur through operation of prompts that appear on your interface. The updated version will be subject to the then current Terms and Conditions and any other additional terms that may also be included in the current terms with or without notice. We may send emails to you explaining the new features of the updated version of the Software or may simply post such updates on the most appropriate portion of our website.
Subject to the Terms and Conditions, HomeEXCEPT will use commercially reasonable efforts to provide you with the Services. HomeEXCEPT hereby grants you a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, mobile, print, download and use the content of the Services solely for your own personal or internal company use. You may not modify any Content. No other use is permitted.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all laws that apply or may apply to your use of the Services or in respect of the Content. HomeEXCEPT will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. HomeEXCEPT reserves the right at all times to disclose any information regarding your usage of the Services as necessary to satisfy any law, regulation or governmental request with which HomeEXCEPT has a legal obligation to comply.
Payment of Fees
HomeEXCEPT will charge the credit card you supply to HomeEXCEPT through your HomeEXCEPT Account for payment for the Services on a monthly or yearly basis. It is your responsibility to keep your payments up-to-date. HomeEXCEPT shall notify you via your HomeEXCEPT Account if your payment has not been received by HomeEXCEPT, and HomeEXCEPT may terminate the Services if you have not brought any late payments up-to-date within 30 days of delivery of such notice to you.
If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the Terms and Conditions, you must not accept the Terms and Conditions and may not use the Services.
If you are not the business owner and are registering a HomeEXCEPT Account on behalf of a business, you represent and warrant that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. In case of you leaving the business and we are contacted by your business’s principal contacts, we may be required to provide access to its HomeEXCEPT Account. You agree to hold harmless and release the HomeEXCEPT Parties from any liability if we do so.
Restrictions and responsibilities
You shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services, Content, or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services, Content or any Software (except to the extent expressly permitted by HomeEXCEPT or authorized within the Services); use the Services, Content, or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
You represent, covenant, and warrant that you will use the Services only in compliance with HomeEXCEPT’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, the Hardware, other hardware, modems, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).
You shall also be responsible for maintaining the security of the System, your HomeEXCEPT Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your HomeEXCEPT Account or the System with or without your knowledge or consent. You hereby represent and warrant that you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the System and the Services.
You hereby agree to indemnify and hold harmless HomeEXCEPT and its directors, officers, employees, agents, and affiliates against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) to HomeEXCEPT, and its directors, officers, employees, agents, and affiliates, in connection with any claim or action that arises from your violation of the these Terms and Conditions or otherwise from your use of the Services, System, or any component thereof.
The Content is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You hereby agree to comply with all copyright laws worldwide in your use of the Services and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases displayed on the Services constitute trade–marks, trade names, trade dress and associated products and services of HomeEXCEPT or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on the Services does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of HomeEXCEPT is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on the Services may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on the Services does not convey or create any licence or other rights therein. Any unauthorized use of them is strictly prohibited.
Third Party Services
HomeEXCEPT’s proprietary technology enables you appoint third parties as authorized users you’re your HomeEXCEPT Account and to share data generated from the Services with third parties. Notwithstanding the foregoing, HomeEXCEPT is not responsible for any third party services and HomeEXCEPT makes no representation or warranty regarding, and does not endorse, any third party service, the information appearing thereon or any of the products or services thereon described. If you decide to use any third party services, you do so at your own risk.
HomeEXCEPT warrants to you that Hardware purchased by you will be free from defects in material and workmanship for the period during which you have a valid subscription for the Services (the “Hardware Warranty”). The sole responsibility of HomeEXCEPT under the foregoing warranty is limited to the repair or replacement of the defective Hardware or component thereof. HomeEXCEPT disclaims any obligation to you regarding any services customarily provided by an authorized distributor of Hardware, including, but not limited to onsite troubleshooting, installing, deinstalling, or reinstalling any Hardware. THE WARRANTY ABOVE IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ONES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
HomeEXCEPT makes reasonable efforts to ensure that the Content is accurate at the time it is used on the Services, however, other than the foregoing Hardware Warranty, HomeEXCEPT makes no representation or warranty of any kind regarding the Content, Services, Hardware, Software, or System including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness thereof.
HomeEXCEPT makes no representation or warranty that any of the Content, Services, Hardware, Software, or System, are appropriate or available for use at any locations outside Canada. Accessing the Content from locations where the Content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by HomeEXCEPT or by third-party providers, or because of other causes beyond HomeEXCEPT’s reasonable control, but HomeEXCEPT shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
You acknowledge and agree that the Content, Services, Software and System are provided on an “AS IS” basis; and that any use of or reliance thereon is at your sole risk. HomeEXCEPT and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade, and any warrant as to the results that may be obtained from the use of any of the Content, Services, Hardware, Software or System. For greater certainty, HomeEXCEPT does not warrant that any of the Content, Services, Hardware, Software and System will continue to operate, operate without interruptions or be error-free.
Limitation of liability
You agree that in no event will HomeEXCEPT or any of its directors, officers, employees, agents or affiliates have any responsibility or liability to you in connection with the Agreement, the Content, Services, Hardware, Software, or System for any loss or damages whatsoever, whether based on contract, negligence, gross negligence, or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including, without limitation, personal injury to you or the occupant or guest thereof in a space being monitored using the System, damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the Content, Services, Hardware, Software, or System, any content of any linked web services, or failure of such web services, (including without limitation any damages suffered as a result of omissions or inaccuracies in such web services or content, or the transmission of confidential or sensitive information to or from such web services) even if HomeEXCEPT or any of its directors, officers, employees, agents or affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
The limitations and exclusions of liability contained in these Terms and Conditions shall apply regardless of the form or cause of action, whether in contract or tort, strict liability or otherwise and whether or not the losses or damages were foreseeable or a party was advised of the possibility of such losses or damages, and shall survive the failure of the essential purpose of these Terms and Conditions, fundamental breach and any exclusive remedies provided in these Terms and Conditions. YOU HEREBY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES PAID BY THE YOU FOR THE SERVICES.
Choice of law
The Agreement is governed by the laws of Nova Scotia and the laws of Canada applicable therein, excluding rules of private international law. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Nova Scotia with respect to all issues or disputes that may arise pursuant to the Agreement.
The Terms and Conditions constitute the entire agreement between HomeEXCEPT and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between HomeEXCEPT or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. HomeEXCEPT’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right herein described shall not be construed as a waiver of any such provision or right.
The Agreement is not assignable, transferable or sub licensable by you except with HomeEXCEPT’s prior written consent. HomeEXCEPT may transfer and assign any of its rights and obligations the Agreement without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Agreement and you do not have any authority of any kind to bind HomeEXCEPT in any respect whatsoever.