The following Terms of Use are entered into by and between You and Home Gadget Guide (“we” or “us”). The website, www.homegadgetguide.com, (the “Site”) comprises various web pages owned and operated by Home Gadget Guide. We offer the Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to the Terms, you must not access the Site.
Changes To the Terms Of Use
We may revise and update these Terms at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We expect you to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of this Site is subject to the Home Gadget Guide Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Disclaimer
Your use of the Site is also subject to the Home Gadget Guide Disclaimer. Please review our Disclaimer, which also governs the Site and informs users of various limitations regarding the information provided on the Site. Your agreement to the Disclaimer is hereby incorporated into these Terms.
Electronic Communications
Visiting the Site or sending emails to Home Gadget Guide constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Home Gadget Guide is not responsible for third-party access to your account that results from theft or misappropriation of your account. Home Gadget Guide and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Children Under Thirteen
Home Gadget Guide does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.homegadgetguide.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All sales are final, and we do not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Home Gadget Guide, and Home Gadget Guide is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Home Gadget Guide provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Gadget Guide of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Home Gadget Guide may share such information and data with any third party with whom Home Gadget Guide has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
We grant you a non-exclusive, non-transferable, revocable license to access and use The Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Home Gadget Guide that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Home Gadget Guide or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Home Gadget Guide Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Home Gadget Guide and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Home Gadget Guide or our licensor except as expressly authorized by these Terms.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website are not intended as, and shall not be understood or construed as, legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
We have done our best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. We shall not be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer resulting from a failure to seek competent advice from a professional familiar with your situation.
By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on this Site.
No Guarantees As To Results
You agree that we have made no guarantees about the results of taking any action, whether or not recommended on this Site. We provide educational and informational resources intended to help Site users succeed. You recognize that your ultimate success or failure will result from your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Home Gadget Guide.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will obtain similar results.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Home Gadget Guide has no obligation to monitor the Communication Services. However, Home Gadget Guide reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Home Gadget Guide reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Home Gadget Guide reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, at Home Gadget Guide’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Home Gadget Guide does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Home Gadget Guide specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Home Gadget Guide spokespersons, and their views do not necessarily reflect those of Home Gadget Guide.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To www.homegadgetguide.com Or Posted On Any Home Gadget Guide Web Page
Home Gadget Guide does not claim ownership of the materials you provide to www.homegadgetguide.com (including feedback and suggestions) or post, upload, input, or submit to any Home Gadget Guide Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant Home Gadget Guide, our affiliated companies, and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to using your Submission, as provided herein. Home Gadget Guide is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Home Gadget Guide’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
International Users
The Service is controlled, operated, and administered by Home Gadget Guide from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Home Gadget Guide Content accessed through www.homegadgetguide.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Home Gadget Guide, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
Home Gadget Guide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Home Gadget Guide in asserting any available defenses.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Site, Home Gadget Guide, any and all contracts you enter into with Home Gadget Guide, and any and all Home Gadget Guide’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in the state of [Your State]. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Home Gadget Guide. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Liability Disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Home Gadget Guide and/or its suppliers may make improvements and/or changes to the Site at any time.
Home Gadget Guide and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Home Gadget Guide and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Home Gadget Guide and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Home Gadget Guide or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
Termination/Access Restriction
Home Gadget Guide reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Reasons for termination may include, but are not limited to, breach of these Terms, requests by law enforcement or other government agencies, discontinuance or material modification of the Site or any service offered on or through the Site, unexpected technical or security issues or problems, or extended periods of inactivity.
Upon termination of your account or access to the Site, your right to use the Site will immediately cease. Home Gadget Guide shall not be liable to you or any third party for any termination of your access to the Site. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Home Gadget Guide as a result of this agreement or use of the Site. Home Gadget Guide’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Home Gadget Guide’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Home Gadget Guide with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Changes to Terms
Home Gadget Guide reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must stop using the Site immediately.
These Terms are effective as of [2024]