1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter our TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review our TOU on a regular basis to keep yourself apprised of any changes.
You understand that all images, graphics, photos, videos, or streamed content transmitted through our service is the sole responsibility of the channel-content owner from whom such content originated. You understand that Your Home Digital® does not produce nor warrant content found on the network. In viewing content through our service, it is possible that some content may be inaccurate, represent the opinion or world view of the channel provider or content producer and if any such content is offensive for you, your only recourse is to immediately discontinue use of our network service.
You agree that you must evaluate and assume all risks associated with the purchase or use of any product or service offered in connection with content viewed on the network. You should not rely on claims in advertising statements, but investigate facts related to all products and services viewed.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Your Home TV content may contain features and functionalities that link you to third party sites, online stores, etc., i.e., QR code links. Third-party portals are obviously independent of our service. You may access other sites, servers, networks, systems, databases, and applications through the Internet and should always proceed with caution as your operating system security/firewall software allows or restricts as you navigate the web.
Your interactions with organizations and/or individuals found on or through our service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such business or dealings, are solely between you and such organizations and/or individuals. You should perform whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with third parties.
You agree that Your Home Digital® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such access or dealings with third party portals. If there is a dispute between you and any service provider, you understand and agree that Your Home Digital® is under no obligation to become involved. In the event that you have a dispute with any service provider, you hereby release Your Home Digital®, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. SPAM POLICY
You understand and agree that sending unsolicited e-mail advertisements to Your Home Digital® e-mail addresses is expressly prohibited by our TOU policy. Any unauthorized use of our network and/or access to Your Home Digital® computer systems or servers is a violation of our TOU, and certain federal and state laws. Such violations may subject the sender to civil and criminal penalties.
6. ACCESS TO OUR SERVICE
Your Home Digital® grants you a limited, revocable, nonexclusive license to access our service, Your Home TV, for your own personal use.
You agree to indemnify and hold harmless Your Home Digital®, its officers, directors, employees, agents, successors, assigns, affiliates, service providers, suppliers, or subsidiaries from any claim, or demand you may have, including any expense, such as reasonable attorney fees and court costs.
8. GENERAL INFORMATION
You and Your Home Digital® agree to submit to the personal and exclusive jurisdiction of the courts located in Hillsborough County, Florida. The failure of Your Home Digital® to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service or our TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.