Terms of Use

Sandi Gumeson

Welcome to the Modern Doorbells Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “Modern Doorbells,” “we,” “us” and “our” refer to Modern Doorbells, Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND THE MODERN DOORBELLS PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. 1. Registration You may be required to register on this Site in order to use certain of the Site functions. If you just want to browse this Site or if you use a third party checkout service (such as Google Checkout or Paypal), registration is not required. During registration, you will be required to provide contact information, consisting of an email address, username and password. For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information. 2. Age of Users Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. 3. Non-Commercial Use This Site and its contents are for your own personal non-commercial use only. 4. Additional Terms and Conditions for Software; EULAs When you register for or purchase the Site’s services, you will be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. You will be bound by any EULA that you agree to. 5. Modern Doorbells Privacy Statement Your use of this Site signifies your continuing consent to the Modern Doorbells Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site. Personal information that you supply to Modern Doorbells, and any information about your use of Modern Doorbells that we obtain will be subject to the Modern Doorbells Privacy Statement on this Site. 6. Changes to Modern Doorbells We may discontinue or change any Modern Doorbells content, service, function or feature at any time with or without notice. 7. Proper Use of This Site When you use our blogs or other social and communications functions. You may use Modern Doorbells for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or “bot” to gather or “harvest” information from this Site. 8. Proprietary Rights Modern Doorbells and its suppliers reserve all rights under intellectual property law in Modern Doorbells and in any content that is on the Site. Except as Modern Doorbells may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Modern Doorbells or its suppliers on the Site without our express prior written consent. 9. Changes to the Terms of Use We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes. 10. Electronic Delivery Statement and Your Consent You agree that we may provide to you notices and other information concerning Modern Doorbells or this Site electronically, including notice to any email address that you may provide. 11. Content That You Supply Modern Doorbells may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed. If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. 12. No Duty to Monitor You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time. 13. Third Party Sites and Advertisers Modern Doorbells may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Modern Doorbells is not responsible for any claim or loss due to a third party site or any advertiser. 14. Disclaimer of Warranties We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. 15. Limitation of Liability You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law. 16. Indemnification You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 17. International Use We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. 18. Choice of Law and Location for Resolving Disputes You agree that the laws of the state of California USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. [You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of California USA in the city of San Diego, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.] 19. Severability and Integration This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 20. Termination We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion. 21. Claims of Copyright Infringement If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. Revision Date: December 28, 2008 Copyright © 2008 Modern Doorbells, Inc. All Rights Reserved

2008-12-28T16:56:43-08:00

terms-of-use 2111862

2008-12-28T16:56:43-08:00

4643

Terms of Use 2008-12-28T19:50:59-08:00 Welcome to the Modern Doorbells Site (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “Modern Doorbells,” "we," "us" and "our" refer to Modern Doorbells, Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND THE MODERN DOORBELLS PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. *1. Registration* You may be required to register on this Site in order to use certain of the Site functions. If you just want to browse this Site or if you use a third party checkout service (such as Google Checkout or Paypal), registration is not required. During registration, you will be required to provide contact information, consisting of an email address, username and password. For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information. *2. Age of Users* Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. *3. Non-Commercial Use* This Site and its contents are for your own personal non-commercial use only. *4. Additional Terms and Conditions for Software; EULAs* When you register for or purchase the Site’s services, you will be required to agree to one or more End-User License Agreements (or "EULAs") which may include additional terms. You will be bound by any EULA that you agree to. *5. Modern Doorbells Privacy Statement* Your use of this Site signifies your continuing consent to the Modern Doorbells Privacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site. Personal information that you supply to Modern Doorbells, and any information about your use of Modern Doorbells that we obtain will be subject to the Modern Doorbells Privacy Statement on this Site. *6. Changes to Modern Doorbells* We may discontinue or change any Modern Doorbells content, service, function or feature at any time with or without notice. *7. Proper Use of This Site* When you use our blogs or other social and communications functions. You may use Modern Doorbells for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Site. *8. Proprietary Rights* Modern Doorbells and its suppliers reserve all rights under intellectual property law in Modern Doorbells and in any content that is on the Site. Except as Modern Doorbells may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Modern Doorbells or its suppliers on the Site without our express prior written consent. *9. Changes to the Terms of Use* We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes. *10. Electronic Delivery Statement and Your Consent* You agree that we may provide to you notices and other information concerning Modern Doorbells or this Site electronically, including notice to any email address that you may provide. *11. Content That You Supply* Modern Doorbells may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed. If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. *12. No Duty to Monitor* You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time. *13. Third Party Sites and Advertisers* Modern Doorbells may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Modern Doorbells is not responsible for any claim or loss due to a third party site or any advertiser. *14. Disclaimer of Warranties* We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. *15. Limitation of Liability* You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law. *16. Indemnification* You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. *17. International Use* We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. *18. Choice of Law and Location for Resolving Disputes* You agree that the laws of the state of California USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. [You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of California USA in the city of San Diego, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.] *19. Severability and Integration* This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. *20. Termination* We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion. *21. Claims of Copyright Infringement* If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. *Revision Date: December 28, 2008* Copyright © 2008 Modern Doorbells, Inc. All Rights Reserved