The mediasmarthome.com website ("MediaSmartHome") is owned, operated, and maintained by Capable Networks, LLC, an Illinois corporation ("Capable").
ACCEPTANCE OF TERMS
MediaSmartHome site/service(s) is offered to you conditioned on your acceptance, without modification, of the terms and conditions contained herein. Your use of the MediaSmartHome site/service(s) constitutes your agreement to all such terms and conditions.
LIMITED SITE LICENSE AND ACCESS
You may not frame or utilize framing techniques to enclose any Content trademark, logo, or other proprietary information (including images, text, page layout, or form) of MediaSmartHome and/or its affiliates without express written consent of MediaSmartHome. You may not use any meta tags or any other "hidden text" utilizing MediaSmartHome's name or trademarks without the express written consent of MediaSmartHome. Any unauthorized use immediately terminates the permission or license granted by MediaSmartHome.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage or any article contained within MediaSmartHome (www.mediasmarthome.com) so long as the link does not portray Capable, its affiliates, or their Content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Capable logo or other proprietary graphic or trademark as part of the link without express written permission of Capable.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MediaSmartHome site/service(s), you may not use the MediaSmartHome site/service(s) for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the MediaSmartHome site/service(s) in any manner which could damage, disable, overburden, or impair the MediaSmartHome site/service(s) (or the network(s) connected to the MediaSmartHome site/service(s)) or interfere with any other party's use and enjoyment of the MediaSmartHome site/service(s). You may not attempt to gain unauthorized access to the MediaSmartHome site/service(s), other accounts, computer systems or networks connected to the MediaSmartHome site/service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content, materials or information through any means not intentionally made available to you through the MediaSmartHome site/service(s).
All Content, Communication Services (as defined below), messages, and other communications contained at the MediaSmartHome site/service(s) are intended for distribution exclusively to consenting adults of legal majority in locations where such Content, Communication Services, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country.
Capable reserves the right to change the terms and conditions under which the MediaSmartHome site/service(s) are offered, including but not limited to the charges, where applicable, associated with the use of the MediaSmartHome site/service(s) at any time. You are responsible for regularly reviewing these terms and conditions posted on other sections of the MediaSmartHome site/service(s). Your continued use of the MediaSmartHome site/service(s) constitutes your agreement to all such terms and conditions.
AGE CERTIFICATION AND ACCESS
You must be at least 18 years of age (or the age of legal majority in the jurisdiction in which you are located, if different) to access or view any part of the MediaSmartHome site/service(s), to transact any business with Capable or to submit any personal information to Capable. As such, if you transact or attempt to transact any business with Capable or submit or attempt to submit any personal information to Capable, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE MediaSmartHome SITE/SERVICE(S) IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS IN YOUR JURISDICTION AND WITH THE STATED TERMS AND USAGE POLICIES HEREIN. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the MediaSmartHome site/service(s).
Capable reserves the right, in its sole discretion, to terminate or limit your access to any or all of the MediaSmartHome site/service(s) and related services (including but not limited to access to MediaSmartHome electronic mail) or any portion thereof at any time, without notice. In the event that your access to MediaSmartHome is terminated, your account will be deleted from our system.
USE OF SERVICES
The MediaSmartHome site/service(s) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilitates designed to enable you to communicate with Capable and other MediaSmartHome site/service(s) users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Furthermore, the MediaSmartHome site/service(s) does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the MediaSmartHome site/service(s), either through Communication Services or otherwise, shall be deemed to be readily accessible to the general public. Visitors should not use the Communication Services or any other means available on the MediaSmartHome site/service(s) to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the MediaSmartHome site/service(s) can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any inappropriate, defamatory, infringing, obscene, or unlawful topic, name, material or information.
- Publish, post, distribute or disseminate any material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download, view, print, or in any way retrieve any information 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 the submitted material.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or any other guidelines that may be applicable for any particular Communication Service.
- Violate any applicable laws or regulations.
- Harvest or otherwise collect information about others, including e-mail addresses.
Capable has no obligation to monitor the content of the Communication Services. However, Capable reserves the right to review materials submitted to a Communication Service and to refuse to post or remove any materials which, in Capable's sole discretion, are considered improper. Capable reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Materials submitted 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 view, print, or download the materials.
Capable reserves the right at all times to disclose any information as Capable deems 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, in Capable's sole discretion.
MATERIALS PROVIDED TO CAPABLE
As indicated in USE OF SERVICES above, Capable does not exert any control over the creation of and does not monitor the materials you submit to Capable or post or submit to the MediaSmartHome site/service(s) (each a "Submission" and collectively "Submissions").
By submitting your Submission to Capable or by posting, uploading, inputting, or providing your Submission to the MediaSmartHome site/service(s), you hereby agree that you are irrevocably and exclusively assigning to Capable all right, title, and interest in and to your Submissions. You hereby irrevocably make, constitute and appoint Capable (and any officer of Capable or any person designated by Capable for that purpose) as your true and lawful attorney-in-fact in your name, place and stead, with full power of substitution, solely for the purpose of executing such documents reasonably necessary for Capable to effectuate the assignment of rights provided for above.
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 including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
All trademarks on the MediaSmartHome site/service(s) are registered trademarks of Capable, or its subsidiaries, in the United States and other countries or are common law trademarks or trade dress of Capable, or its subsidiaries. Capable's trademarks and trade dress may not be used in connection with any product or service that is not Capable's, in any manner that is likely to cause confusion among the relevant demographic community, or in any manner that disparages or discredits Capable. All other trademarks not owned by Capable or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Capable or its subsidiaries.
All Capable proprietary content that is made available to view and/or download in connection with the MediaSmartHome site/service(s), including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, streaming video, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of Capable and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all Capable proprietary content on the MediaSmartHome site/service(s) is the exclusive property of Capable and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Capable and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of Capable proprietary Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Send notifications to:
Ronald G Repking
Capable Networks, LLC
431 Melrose Ave.
Glen Ellyn, IL 60137
CUSTOMER ACCOUNT AND PASSWORD
When you register with MediaSmartHome, you will choose a unique user identification and password ("Password"). The correct Password allows you to access your personal account ("Account"). You may not disseminate your Password to any other person or entity. You are entirely responsible for any and all activities that occur under your Account. You agree to notify Capable immediately of any unauthorized use of your Account or any other breach of security. Capable will not be liable for any loss that you may incur as a result of someone else using your Password or Account, either with or without your knowledge. However, you will be held liable for losses incurred by Capable or another party due to someone else using your Account or Password. You may not use anyone else's Account at any time without the permission of the Account holder.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MediaSmartHome SITE/SERVICE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MediaSmartHome SITE/SERVICE(S) AND TO THE INFORMATION THEREIN. CAPABLE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MediaSmartHome SITE/SERVICE(S) AT ANY TIME. ADVICE RECEIVED VIA THE MediaSmartHome SITE/SERVICE(S), IF ANY, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CAPABLE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MediaSmartHome SITE/SERVICE(S) FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAPABLE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CAPABLE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MediaSmartHome SITE/SERVICE(S). YOU SPECIFICALLY AGREE THAT CAPABLE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CAPABLE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MediaSmartHome SITE/SERVICE(S) BY ANY THIRD PARTY.
CAPABLE'S LIABILITY FOR DIRECT DAMAGES SHALL IN NO EVENT EXCEED A SUM GREATER THAN THE SERVICE FEE CHARGED TO YOU FOR THE PRECEDING TWO MONTHS PRIOR TO THE CAUSE OF CLAIM OCCURING. IN NO EVENT SHALL CAPABLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MediaSmartHome SITE/SERVICE(S), WITH THE DELAY OR INABILITY TO USE THE MediaSmartHome SITE/SERVICE(S) OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MediaSmartHome SITE/SERVICE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPABLE 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 DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MediaSmartHome SITE/SERVICE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MediaSmartHome SITE/SERVICE(S).
You agree to indemnify and hold Capable, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MediaSmartHome site/service(s). You further hereby release Capable, its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, or damages, including attorneys' fees, resulting from your use of the MediaSmartHome site/service(s) or any actions you may take based, in whole or in part, on the content found on the MediaSmartHome site/service(s).
All disputes against Capable shall be submitted to the state and federal courts in Cook County, Illinois, U.S.A. and by your use of the MediaSmartHome site/service(s) you consent to exclusive jurisdiction and venue in such courts. USE OF THE MediaSmartHome SITE/SERVICE(S) IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS APPLICABLE LAW PARAGRAPH.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capable with respect to the MediaSmartHome site/service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capable with respect to the MediaSmartHome site/service(s).