TERMS AND CONDITIONS

Legal Entity:

These Terms and Conditions constitute a legal agreement between you and Nine Sigma Network LLC, the owner and operator of the Smart Fox Home brand.

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE UTILIZING THIS SITE.

Welcome to smartfoxhome.com. We refer to this website, together with its entire content, features, design, and functionality, as the "Site." This Site is managed by Smart Fox Home.

This Site is intended for exclusive access and use by authorized users, including clients and associates of Smart Fox Home (referred to as "Authorized Users"). By using this Site, you confirm that you are an Authorized User and that you have carefully read and understood the following Terms.

Your Acknowledgment of these Terms

Acceptance of Posted Terms: By accessing or using this Site, you, on behalf of yourself and your organization, agree to comply with and be bound by these Terms. If you disagree with these Terms or lack the authority to bind your organization to them, please do not access or view this Site.

Acceptance of Amendments to Terms: Please be aware that Smart Fox Home reserves the right to update these Terms from time to time. While, at its sole discretion, Smart Fox Home may ask you to explicitly confirm your acceptance of these Terms, particularly when significant changes occur, your continued use of the Site indicates your acceptance of these Terms and any adjustments. We encourage you to review these Terms and Conditions periodically to stay informed of any updates.

Legal Capacity to Accept the Terms: You confirm that you are at least 18 years old or hold the legal authority under applicable law to enter into legally binding agreements to use this Site.

Separation from Other Agreements: These Terms govern your use of this website and are separate from the terms or conditions specified in any other agreements you may have entered into with Smart Fox Home.

Acceptance policy for information: It's worth noting that receiving an electronic or other type of order request confirmation does not imply acceptance of your application or confirm that a service or product will be provided by our company. We retain the right to accept or decline your request for any reason after receiving your information. Smart Fox Home cannot be held responsible for unfulfilled requests or unsuccessful applications resulting from non-compliance with service opportunity requirements.

Your Rights and Responsibilities as a User of this Site

Authorized Use: You may access and use this Site solely for the purpose for which Smart Fox Home has made it available to you (the "Purpose"). Using this Site for any other purpose, including penetration testing or any of the prohibited activities described below, is strictly forbidden.

User Account: To use this Site, you may need to register an account. You bear full responsibility for keeping your login credentials confidential and for all actions taken by anyone using your account. Notify Smart Fox Home promptly if you become aware of any unauthorized use of your account or any security breaches. While Smart Fox Home will not be liable for losses arising from use of your account by another party, whether with or without your consent, your actions may make you responsible for losses incurred by Smart Fox Home or others. You must not use another person's account without that account holder's express permission and Smart Fox Home's authorization.

Prohibited Uses: You agree not to use this Site in any manner that:

  • Is illegal, fraudulent, or abusive.
  • Contains defamatory or obscene content.
  • Competes with the business of Smart Fox Home, its business partners, or licensees.
  • Offers Site access or content for sale, assignment, sublicensing, or otherwise makes content available to third parties.
  • Violates the intellectual property or ownership rights of Smart Fox Home or a third party, including creating derivative works based on the Site.
  • May interfere with any third party's use and enjoyment of the Site.
  • Introduces viruses or other harmful programs or code.
  • Bypasses passwords, access controls, captchas, robot.txt scripts, and similar technologies designed to protect users and/or our intellectual property.
  • Collects personal information, intellectual property, or any part of this Site through archiving, mining, or harvesting.
  • Attempts to compromise the Site's security or gain unauthorized access to Smart Fox Home's confidential information or the information of its other clients, or to Smart Fox Home's computer systems or networks connected to any Smart Fox Home server through hacking, password mining, or any other means.
  • Could harm, disable, overload, or impair any Smart Fox Home server or the networks connected to any Smart Fox Home server.
  • Distributes unsolicited promotional or advertising materials, spam, or similar content, or a large volume of messages that may disrupt the Site's operation or other visitors' enjoyment of this Site.

Linking: Unless expressly authorized in writing by Smart Fox Home, you may not make any part of the Site available as part of another website, whether through hyperlink framing on the Internet, caching, or other methods. Smart Fox Home reserves the right to disable unauthorized links or frames. Smart Fox Home takes no responsibility for the content of any third-party websites linking to this Site or for any harm you may suffer from third-party websites linking to or framing this Site.

User Comments and Discussion Forums: We may give you and other users the opportunity to post comments or take part in discussion forums on this Site. Smart Fox Home does not endorse user posts, and they should not be viewed as reflecting Smart Fox Home's opinion. If you post comments on this Site, you bear full responsibility for the content of your posts and must avoid posting material that is inaccurate, contains personal information about yourself or a third party, promotes a product or service for sale, or violates the conduct guidelines set out in sections 6 and 7. Anything you post is considered non-confidential and non-proprietary, and you grant Smart Fox Home a limited license to use, store, and copy such content.

Site Purpose and Content

Intellectual Property: You acknowledge and agree that the Site represents valuable intellectual property and trade secrets of Smart Fox Home and its licensors, developed through substantial time, effort, and resources. The Site's content, including text, photographs, videos, audio, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the U.S. and other countries. It is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Site are copyrighted works. The trademarks, service marks, trade names, logos, designs, and sounds associated with the Site are owned by Smart Fox Home or third parties. You agree to comply with all applicable copyright, trademark, and other laws, along with any additional copyright notices or restrictions found on the Site. You may download materials from the Site and print a reasonable number of copies for personal use or use within your organization, provided that all copies retain all copyright and other proprietary notices.

License: Your access to and use of the Site do not grant you ownership, rights, or licenses to the Site beyond the limited right to use the Site in accordance with these Terms.

Site Content and Availability: The Site is provided "AS IS" and "AS AVAILABLE." Your access depends on our Site functionality, your access levels, and these Terms. Smart Fox Home retains the right, at any time and without notice, to enhance, modify, alter, suspend, or permanently discontinue all or part of this Site, and to restrict or prohibit access.

Links to Third-Party Websites: For your convenience, this Site may provide links or redirect you to third-party websites. Smart Fox Home has no control over third-party websites, is not responsible for their accuracy, content, or security, and does not endorse third-party website owners, content, or services. Using third-party websites is entirely at your own risk, so it's advisable to review the terms and conditions and privacy policies of any third-party websites before using them.

Global Access: Smart Fox Home is based in the USA and makes this Site available for use by individuals in the United States. We do not claim that the Site or its content is accessible or suitable outside the United States, and you are responsible for ensuring that your use of this Site complies with local law.

NO WARRANTIES: You acknowledge that Smart Fox Home provides this Site "AS IS" and "AS AVAILABLE," with no warranties or guarantees. To the maximum extent permitted by law, Smart Fox Home disclaims all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third-party rights, quiet enjoyment, and uninterrupted or error-free operation.

DISCLAIMER OF LIABILITY: Smart Fox Home and its subsidiaries, managers, employees, officers, agents, subcontractors, suppliers, and licensors hold no liability to you for your use of this Site. To the extent allowed by law, Smart Fox Home will not be liable to you for damages of any kind, whether foreseeable or unforeseeable, even if Smart Fox Home or its agents have been advised of potential damages arising from your use of the Site. These damages include but are not limited to direct, indirect, general, incidental, special, punitive, and consequential damages, along with losses such as loss of use, data, goodwill, profits, work interruption, accuracy of results, or computer malfunctions.

Smart Fox Home's Rights and Responsibilities Regarding User Conduct and Submissions

Use of Submitted Information: By submitting information on this Site, you grant Smart Fox Home, its affiliated companies, service providers, and sublicensees the right to use your information for their business operations. This includes the right to copy, distribute, transmit, reproduce, edit, translate, and reformat your information. You acknowledge that Smart Fox Home may use information collected through this Site for data analytics, such as benchmarking, modeling, consulting, insights, reports, and other analytics aimed at improving the quality of Smart Fox Home products and services. We may seek your consent when required by law or use de-identified or aggregated data for analytics.

Privacy: All personal information you provide, or that we collect about you through this Site, is governed by our Privacy Policy.

SMS TERMS: By providing your mobile telephone number and selecting the designated consent checkbox during form submission on smartfoxhome.com, you expressly consent to receive marketing text messages from Smart Fox Home. This includes messages sent via an autodialer to the mobile telephone number(s) you provided. You can opt out of these communications at any time, and consent to receive marketing text messages is not required to use our site.

Message frequency may vary. Subscribers can expect to receive up to one (1) SMS message per day. SMS communications are supported by participating wireless carriers. Message and data rates may apply. Our SMS communications may include promotional offers, marketing updates, information about our services, and other brand-related communications. You can opt out of these communications at any time by texting STOP to any message received from us. For assistance, subscribers can text HELP to any message received from us or make a request via email at [email protected] or by calling (833) 742-7822. Please note that T-Mobile is not liable for delayed or undelivered messages.

Security: Smart Fox Home implements reasonable administrative, technical, and physical safeguards designed to help protect your personal information. Although we implement reasonable safeguards to protect information submitted through the Site, no method of electronic transmission or storage can be guaranteed to be completely secure. Smart Fox Home assumes no responsibility for such interception or decryption.

Monitoring and Termination: Smart Fox Home reserves the right to (i) remove or reject any user content, (ii) disclose your identity or other information about you to third parties claiming that material posted by you violates their rights or in response to a subpoena, (iii) take legal action, including involving law enforcement, for any illegal or unauthorized use of the Site, and (iv) suspend your access to this Site and refuse any further access. You acknowledge that Smart Fox Home shall not be liable for any damages arising from the exercise of these rights.

Assignment: Smart Fox Home may assign these Terms and its rights and obligations under these Terms without your consent and at its sole discretion. You may not assign or transfer your rights and obligations under these Terms.

No Waiver: Smart Fox Home's failure to assert its rights at any time does not constitute a waiver of these Terms. No consent or waiver is effective unless made in writing and signed by both parties.

Additional Legal Provisions

Governing Law and Venue: You consent to the resolution of any disputes or claims related to your use of our Services, as well as any products or services offered, sold, or purchased through our Services, by arbitration. These disputes will be resolved exclusively through binding arbitration between you and us, or between our subsidiaries, affiliates, or agents and you, except for claims that meet the criteria for small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief: Both you and we agree that each party may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding. The arbitrator may not consolidate or join claims from more than one person or party and may not preside over any form of consolidated, representative, or class proceeding. The arbitrator can award relief only in favor of the individual party seeking relief, and only to the extent necessary to address that party's individual claims.

Disputes; Choice of Law and Forum: You and Smart Fox Home agree that any claim or cause of action linked to the Service must be filed within one year of the occurrence of the claim or cause of action; otherwise, such a cause of action will be permanently barred. These Terms will be interpreted in accordance with the laws of the State of Florida, excluding its conflict-of-law rules, and the laws of the United States of America.

Indemnification: To the extent permitted by law, you agree to indemnify Smart Fox Home and its affiliates, employees, officers, directors, agents, successors, and assigns against any costs, claims, losses, and damages (including legal fees) incurred by or awarded against Smart Fox Home due to your use of this Site or your breach of these Terms.

Invalidation of Terms: If any part of these Terms is found invalid or unenforceable by a competent authority, you agree that all remaining Terms will stay in effect.

Void Where Prohibited; Restrictions: Smart Fox Home reserves the right to limit, at its sole discretion, the availability and quantity of any feature, product, or service on this website to any person or geographic area. Any offer for any feature, product, or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws. This Site is not intended for use in any territory or by any party subject to sanctions or export restrictions under laws applicable to Smart Fox Home or you. Furthermore, accessing or using the website is prohibited in any territory or by any party that could expose Smart Fox Home or its affiliates to any sanction, prohibition, or restriction under UN Security Council Resolutions or other trade or economic sanctions laws or regulations. You may not use, export, or re-export this website or any copy or adaptation of it in violation of United Nations Security Council Resolutions or applicable laws.

Entire Agreement: These terms and conditions of use constitute the entire agreement between the parties regarding the subject matter herein.

Smart Fox Home is a brand operated by Nine Sigma Network LLC