TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this site!
Boston Digital LLC or Home-Wizard (collectively "Home-Wizard") may revise and update these Terms of Use at any time. Your continued usage of the Home-Wizard website ("Home-Wizard Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MAINTENANCE ADVICE.
The contents of the Home-Wizard Site, such as text, graphics, images, information obtained from Home-Wizard's licensors, and other material contained on the Home-Wizard Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional maintenance advice, diagnosis, or repairs. Always seek the advice of a trained maintenance professional or other repair technician with any questions you may have regarding a maintenance or equipment condition. Never disregard professional maintenance advice or delay in seeking it because of something you have read on the Home-Wizard Site!
If you think you may have a maintenance emergency, call a trained professional immediately. Home-Wizard does not recommend or endorse any specific tests, technicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Home-Wizard, Home-Wizard employees, others appearing on the Site at the invitation of Home-Wizard, or other visitors to the Site is solely at your own risk.
USE OF CONTENT.
Home-Wizard authorizes you to view or download a single copy of the material on the Home-Wizard Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2000-4 Boston Digital LLC. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Home-Wizard Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Home-Wizard or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Home-Wizard. All rights not expressly granted herein are reserved to Home-Wizard and its licensors.
If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF HOME-WIZARD AND ITS LICENSORS.
The use of the Home-Wizard Site and the Content is at your own risk.
When using the Home-Wizard Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Home-Wizard and its suppliers. Accordingly, Home-Wizard assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Home-Wizard Site.
The Home-Wizard Site and the content are provided on an "as is" basis. HOME-WIZARD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Home-Wizard, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Home-Wizard Site or Home-Wizard.
2. The satisfaction of any government regulations requiring disclosure of information on maintenance certifications or the approval or compliance of any software tools with regard to the Content contained on the Home-Wizard Site.
In no event shall Home-Wizard, its licensors, its suppliers, or any third parties mentioned on the Home-Wizard Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Home-Wizard Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Home-Wizard is advised of the possibility of such damages. Home-Wizard shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $10. Home-Wizard is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
USER SUBMISSIONS.
If you make any such submission you agree that you will not send or transmit to Home-Wizard by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Home-Wizard by email, you agree such submission is non-confidential for all purposes.
If you submit any business information, idea, concept or invention to Home-Wizard by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted--Home-Wizard a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Home-Wizard may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Home-Wizard by email. We try to answer every email in a timely manner, but are not always able to do so.
PASSWORDS
Home-Wizard has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Home-Wizard passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Home-Wizard account and password; (3) promptly inform Home-Wizard of any need to deactivate a password. You grant Home-Wizard and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Home-Wizard cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Home-Wizard tools and services.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
Home-Wizard may provide links to third-party web sites. Home-Wizard also may select certain sites as priority responses to search terms you enter and Home-Wizard may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Home-Wizard does not recommend and does not endorse the content on any third-party websites. Home-Wizard is not responsible for the content of linked third-party sites, sites framed within the Home-Wizard Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Home-Wizard does not endorse any product advertised on the Home-Wizard Site.
INDEMNITY.
You agree to defend, indemnify, and hold Home-Wizard, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
GENERAL.
Home-Wizard is based in Sudbury, Massachusetts, in the United States of America. Home-Wizard makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Home-Wizard Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with Home-Wizard, or in any way relating to your use of the Home-Wizard Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Home-Wizard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the Home-Wizard Site, these Terms of Use and the Home-Wizard
Privacy Statement constitute the entire agreement between you and Home-Wizard with respect to the use of the Home-Wizard Site, and Content.
Thank you for your cooperation. We hope you find the Home-Wizard Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to Home-Wizard@boston-digital.com, or via U.S. mail to Boston Digital LLC at 35 Henry’s Mill Lane, Sudbury, MA 01776. We try to answer every email in a timely manner, but are not always able to do so.
© 2000-4 Boston Digital LLC. All rights reserved.