General Terms & Conditions of Use
1. General Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, policies, notices, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Your continued use of this website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by iHome Systems®.
2. License Personal and Non-Commercial Use
Permission is granted to view and use any information, statistics, photographs for personal and non-commercial use only and, under this license, you may not: (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on iHome Systems®’s website; (iv) remove any copyright, trademark or other proprietary notations from the materials; or (v) transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by iHome Systems® at any time without notice. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded or printed materials in your possession whether in electronic or printed format.
3. Disclaimer & No Warranties
The materials on iHome Systems®’s website are provided “as is”. iHome Systems® makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, iHome Systems® does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Furthermore, iHome Systems® makes no warranty that any content contained on this website satisfies any applicable government law, regulation or requirement.
In no event, including negligence, shall iHome Systems® or its suppliers, affiliates, partners, agents/employees or anyone else involved in creating, producing, storing or distributing this website be liable for any direct, indirect, incidental special or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or in any way connected with the use or inability to use the materials on iHome Systems®’s website, or for any information, software, products or devices obtained through the website, whether such damages are based on contract, tort, strict liability or otherwise, even if iHome Systems® or an iHome Systems® authorized representative has been notified orally or in writing of the possibility of such damage. You specifically agree that no licensor, employees or agents, or any of their successors or assigns, shall have any liability to you for any reason or under any theory whatsoever, based upon the information provided on or through the website. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Limitation of Liability
Notwithstanding any other provision of the Proposal, iHome Systems®’s liability is limited to the obligations thus defined and shall not be liable to the Client or any third party by way of indemnity or compensation for incurred prejudices such as personal injury, damage to property nor the subject matter of the contract for any loss of profit, loss of use, loss of production, loss of contracts or for any indirect, immaterial or consequential damage. iHome Systems® disclaims all warranties, either express of implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose of any part of this proposal. In no event regardless of cause, shall iHome Systems® be liable for incidental or consequential damage either real or alleged. The Client agrees to indemnify and save harmless iHome Systems® for all loss, cost, or damage incurred by iHome Systems® as a result of Client’s or a third parties misuse or misapplication of iHome Systems® designed products or systems. The overall liability of iHome Systems® under the Contract either in tort or in law shall be limited to 3% of the Professional Fees or part thereof giving rise to a claim. The aggregate amount of iHome Systems®’s liability shall in no way exceed 3% of total fee of the Proposal.
You agree to defend, indemnify and hold iHome Systems®, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the iHome Systems®’s site, or any content, product or service offered through the iHome Systems®’s site, in a manner that violates or is alleged to violate these Terms and Conditions. iHome Systems® shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
7. Revisions and Errata
The materials appearing on iHome Systems®’s web site could include technical, typographical, or photographic errors. iHome Systems® does not warrant that any of the materials on its website are accurate, complete, or current. iHome Systems® may make changes to the materials contained on its website at any time without notice and reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. iHome Systems® does not, however, make any commitment to update the materials.
iHome Systems® has not reviewed all of the sites linked to its website and is not responsible or liable for the contents of any such linked site. The inclusion of any link does not imply endorsement by iHome Systems® of the site. Use of any such linked website is at the user’s own risk. The website may contain hyperlinks to websites offered by parties other than iHome Systems®. Such hyperlinks are provided for your reference and convenience only. iHome Systems® does not control such other websites and is not responsible or liable for their content; nor does iHome Systems®’s inclusion of hyperlinks to such websites imply any endorsement of the material on such sites or any association with their operators. Unless otherwise specifically stated on this website, iHome Systems® does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement that may appear on this website.
iHome Systems® may revise these Terms and Conditions of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. Governing Law
Any claim relating to iHome Systems®’s website shall be governed by applicable local and/or international body of law which has jurisdiction over the parties/and or subject matter without regard to its conflict of law provisions.
iHome Systems® is a trademark or registered trademark of iHome Systems® Asia, licensed for use by iHome Systems® Thailand, iHome Systems® Vietnam, and iHome Systems® Singapore, and is protected by local and/or international trademark laws. Your unauthorized use of the iHome Systems® trademark appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
12. Termination of Privileges
iHome Systems® reserves the right to terminate your privilege of using all or any portion of the website if you breach any of these terms and conditions of use, including but not limited to, violation of trademark or privacy rights.
These Terms and Conditions of Use also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement and understanding between you and iHome Systems® with respect to use of the website, superseding all prior or contemporaneous communications and/or proposals. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.