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Terms Of Use

Introduction

You have accessed the website of EllasVision, LLC, and its parents, subsidiaries and affiliates ("EllasVision"). For purposes of these Terms of Use, the "Site" includes the website of Smarter Home Consultants (www.smarterhomeconsultants.com). Please read these Terms of Use carefully before using the Site. By accessing and browsing the Site, you agree to these Terms of Use with EllasVision. If you do not agree to all of these Terms of Use please exit from this site immediately.

The Site is comprised of various documents and web pages created and maintained by EllasVision. While accessing and using the Site, you may be able to order services or conduct other business with EllasVision through the Site (the "Services"). The Site and the Services are offered to you on the condition that you accept, without modification, the terms and conditions contained in this document. Your use of the Site and any Services constitutes your agreement to all such terms and conditions.

EllasVision may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted at this website. Your continued use of the website will mean acceptance of those changes.

The terms "EllasVision", "Smarter Home Consultants", "Company" "we," and "our" are used in this site for purposes of convenience and are intended to refer to EllasVision and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require. These references are not intended to suggest that the various EllasVision companies referred to are not independent corporate entities having separate corporate identities and management.

Communication and Privacy

EllasVision owns the Site. If you have any questions about our Website Terms of Use and Policies, you may contact us:

 

By Email: 
smarterhomepros@gmail.com

 

We know that many visitors to our site are concerned about the information they may provide and how we may use that information. Our Privacy Policy governs the collection, use, retention and disclosure of information we gather from the Site, and is available on the Site.

No Solicitation

The information provided through the Site is intended solely for the general knowledge of visitors to the Site and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of EllasVision. The information contained in this Website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.

Accuracy of Information

Although EllasVision makes reasonable efforts to ensure that the information provided through the Site is current and accurate, EllasVision makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

Certain documents and other materials on the Site, including presentations and documents filed by EllasVision with regulatory authorities of selected jurisdictions and listed and/or linked to the Site, speak only as of the dates on which such documents and materials were filed or otherwise used by EllasVision. The contents of such documents or materials may become out-of-date, however, EllasVision makes no commitment and disclaims any duty to update those documents and materials.

Intellectual Property

The Site and its contents are protected by copyright, trademark and other proprietary rights of EllasVision or third parties. EllasVision names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of EllasVision. Except as expressly permitted herein, no portion of this website or its contents, including trademarks, logos and service marks, may be reproduced, displayed or used in any form, or by any means, without prior written permission from EllasVision or the applicable third party.

EllasVision hereby grants to you a non-exclusive and non-transferable license to view and print documents and web pages located on the Site for non-commercial or educational use within your organization only, subject to the following conditions:

  1. The material may only be used for non-commercial purposes;

  2. The copies must retain any copyright or other intellectual property or proprietary notices contained in the original material;

  3. The products, technology or processes described on the Site may be the subject of other intellectual property rights reserved by EllasVision or by other third parties. No license is granted in respect of those intellectual property rights;

  4. and Images, tables and drawings on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).

The information and content on the Site shall not be used for any other purpose. The documents and web pages on the Site may not be reproduced, republished, retransmitted, sold, modified or exploited in any other way.

No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of EllasVision or of any third party. EllasVision and/or any third party owner of such rights retain all such rights. EllasVision reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in EllasVision' sole opinion is contrary or otherwise inappropriate, derogatory or offensive.

You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Site.

Use of the Site

You may use the Site for lawful purposes only. You are prohibited from use on the Site, or transmitting to or through the Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.

Any information submitted or communicated to EllasVision through use of the Site or Services that does not include personal information or data about you is non-confidential and non-proprietary and EllasVision may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. EllasVision is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion. Any personal information or data submitted to EllasVision through use of the Services or Site is governed by the terms of the Privacy Statement.

EllasVision may provide software for download or use on the Site. Any software provided on the Site is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that is governed by an end user license agreement unless you first agree to the terms of the end user license agreement.

Disclaimer of Liability

The Site contains general information and may contain errors, omissions and inaccuracies. EllasVision assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to the Site. The Site content should not be relied upon for any personal, commercial or financial matters and you should consult an appropriate professional for advice based on your specific circumstances. EllasVision may make modifications and/or changes to the Site at any time without notice.

THE SITE IS PROVIDED "AS IS " AND "AS AVAILABLE" AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. ELLASVISION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ELLASVISION MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.

THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. ELLASVISION DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you.

ELLASVISION DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE FROM THE SITE INCLUDING AVAILABLE FROM ANY LINKS.

IN NO EVENT SHALL ELLASVISION BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, SITE OR THE INTERNET GENERALLY.

IN ALL OTHER CIRCUMSTANCES, ELLASVISION'S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF $10.00 (USD).

References and Links to Third Party Sites

The Site may refer to other individuals, companies, entities, organizations, products or services. Such references do not and shall not imply any endorsement or recommendation by EllasVision of such individuals, companies, entities or organizations or their products or services. The Site may contain links and other references (collectively the "Links") to other websites. These Links are supplied to you merely as a convenience and the inclusion of any Link does not imply any approval or endorsement or recommendation of that third party or their related information, products or services or any link contained in a Linked site, or any changes or updates to a Linked site. EllasVision is providing these Links as a convenience, and the inclusion of any link does not imply endorsement by EllasVision of the site or any association with its operators.

Links to this Site may also be provided from other sites either known or unknown to EllasVision. Access to any other website linked to or from the Site is at your own risk. EllasVision has not reviewed and is not responsible for the content of any third party sites linked to or from the Site and does not make any representations regarding the content or accuracy of materials on such third party sites.

You accept all risks, losses and damages that result from your use of the forgoing referenced entities, products, services and Links.

Additional Terms

EllasVision may revise and update these Terms of Use at any time without notice. It is your obligation to review these Terms of Use from time to time to ensure that you agree with such terms, as modified. If you do not agree with such modified terms you are required to stop using the Site.

If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law then such invalid or unenforceable term will be deemed struck from these Terms of Use. In any event, the remaining provisions in these Terms of Use shall continue in full force and effect.

Jurisdiction

Access to this website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of Canada or the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and other applicable law.

Acceptance of Terms of Use

EllasVision maintains the Site to provide you with Services and information about EllasVision. By using the Site, you agree that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

This agreement constitutes the entire understanding and agreement between you and EllasVision with respect to the Site and your use of same.

Membership Terms and Conditions

In addition to the EllasVision Terms, these EllasVision Membership Terms and Conditions (the “Membership Terms”) apply and govern your EllasVision Membership (“Membership”). By purchasing a Membership, you accept and agree to be bound by these Membership Terms. Our employees and agents have no authority to waiver or alter these Membership Terms, either orally or in writing.

  • Purchase.

    • Your Membership begins when your payment method is charged and remains valid for one (1) calendar year.

  • Membership Benefits.

    • All of the following Membership Benefits apply during the term of your Membership. Your Membership entitles you to receive free consultation, remote support, and frequent system maintenance. Your Membership also entitles you to receive 20% off services available on the Site

  • Cancellation and Refund of Membership.

    • You may cancel your Membership for a full refund if none of your Membership Benefits have been used. After thirty (30) days following purchase or upon use of your Membership Benefits, your Membership is non-refundable.

  • Renewal of Membership.

    • You may continue enjoying your Membership Benefits by notifying us to renew your Membership ten (10) days before Membership expiration date..

  • Reservation of Rights.

    • We reserve the right to make changes to these Membership Terms, including the scope of services and products included in your Membership Benefits. We reserve the right to cancel any service order, installation appointment and/or your Membership in the event of violation or suspected violation of the foregoing restrictions. It is your responsibility to review the Membership Terms for updates and changes.

Consultation Terms and Conditions

Consultation appointments (up to 1 hour) are non-refundable once the technician has started the appointment on site. A 24 hour cancellation notice prior to the scheduled appointment is required to receive a full refund.

Diagnostic Terms and Conditions

Diagnostic appointments include, but are not limited to, troubleshooting for doorbells, thermostats, cameras, door locks and home WIFI. Diagnostic appointments may include recommending, but not providing, next steps for repairs, replacements and/or modifications. Diagnostic service is charged per hour and is non-refundable once the technician on-site begins appointment. After the first hour of diagnostic service additional fees will be charged.  Resolution of the issue is not guaranteed.  Diagnostic services do not include electrical modifications, ethernet wire pulling or cable modifications, security system cameras or life safety devices such as smoke and CO alarms, repair of faulty wired sensors, door handle installation or repairs, initial WIFI setup, running new ethernet, replacement router and/or parts.  Products, installations and other connectivity setups must be purchased separately. Full refunds on diagnostic services are only issued upon a 24 cancellation notice.

On-Site Service Terms

These EllasVision On-Site Service Terms (the “Service Terms”) apply to all on-site services, including but not limited to delivery, installation, setup, configuration, and repair (the “Service(s)”), purchased on the Smarter Home Consultants Site or performed by us, our affiliates or subsidiaries, and our third-party providers performing Services on our behalf.  By ordering, purchasing, or receiving Services, you accept and agree to be bound by these Service Terms.  Our employees and agents have no authority to alter these Service Terms, either orally or in writing.

 

Access and Workspace Conditions.  We require access to the Service location and all Service-related products, your cooperation, and electrical power in order to complete the Service(s).  Some Services may not be performed if minimum requirements are not met or if technical issues are encountered (such as wiring issues or defects, or physical or technical barriers).  You are responsible for moving/removing furniture in the Service area, as well as any valuables prior to our arrival.  Service may be denied if no adult is present when we arrive for the Service appointment or we determine we do not have appropriate authorization or cooperation from those present at the Service location.  If our ability to perform or complete the Service is impaired by you or circumstances beyond our control, we may elect to not provide the Service(s). 

 

Adult Consent and Authorization.  An adult at least 18 years old with a valid, government issued photo ID must be present during the Service appointment to authorize and approve all work completed.  By agreeing to receive Service(s), you authorize us to perform the requested Service(s) and you represent that you either have the right to authorize the performance of the Service(s) and that you have obtained any additional and necessary authorizations (e.g., from a landlord or homeowner’s association as applicable). 

 

Cable/Satellite/Internet.  Cable/satellite/internet installation and set-up should be completed prior to Service appointment so we can ensure proper configuration and integration of the product and/or Service(s).  We are not responsible for signal or connection strength or degradation due to faulty equipment or lines. 

 

Delays.  We will try to complete the Service(s) as quickly as possible while ensuring the Service(s) is performed as safely and to as high a standard as possible. However, we are not responsible for delays in Service completion caused by factors beyond our control.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES – INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS OR CORRUPTION, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE.  THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

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Labor Only.  Except where specifically stated, parts and accessories, including but not limited to cables, cords, etc., are not included.  Labor beyond the scope of work for the Service, which we may not be able to perform, may incur an additional charge.

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Nonrefundable Charges.  Service fees, costs, and charges are nonrefundable once Service begins.

PC/Tablet/Smart Phone Access and Use.  Some Services may require access to your PC, tablet, or smart phone.  We may use tools we deem necessary for diagnostics and repair, including remote access.  We may install software that allows you to obtain additional technology services or functionality.  For software installations, you authorize us to and agree that we may accept End User License Agreements on your behalf. 

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Pets.  We require that you safely and comfortably secure any and all pets prior to and during the duration of the Service appointment.

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Phone Calls and Texting.  You authorize us and our affiliates, to contact you: (i) regarding your account, your order status, scheduling Service appointments, Service requirements, and follow-up after or regarding your Service appointment; (ii) to recover any unpaid portion of any obligation to us or our affiliates; and/or (iii) for any other purpose not prohibited by applicable law.  In each case, such contact may be made by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) at the telephone number(s) that you provide to us, including, without limitation, any mobile telephone number(s). You acknowledge and agree that you do not need to provide a mobile telephone number to receive Services.  For the avoidance of doubt, with respect to any land-based telephone number(s) that you provide to us, you acknowledge and agree that we and our affiliates and third-party representatives, may contact you by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) with offers, solicitations and promotions, except as prohibited by applicable law. 

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Photos and Videos.  In situations where it is necessary or warranted, we may take, transit, store, and use photos and/or video of your product(s) (including its contents, connected products, accessories, and surroundings) for Service, Service Warranty, and/or quality assurance purposes.

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Plaster.  Services involving installation or work on plaster surfaces may result in cracking or chipping.  While we will take all reasonable efforts to prevent or minimize that possibility, we are not responsible for any cracking or chipping that may occur as a result of the Service(s).

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Safety.  We require a safe working environment and reserve the right to refuse or reschedule Service(s) due to conditions we deem dangerous, unsafe, or hazardous, including, but not limited to, possible code violations, extreme temperatures, natural disasters, or other hazards – real or perceived.

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Service Appointments.  Service appointments are scheduled upon reaching to us and based on our availability.  During the service appointment, the technician will install, set-up, and configure your device, and show you how to use the product or device, as well as any related features and applications.  Prior to your scheduled service appointment, the technician will contact you: (i) the day before your service appointment; and (ii) one (1) hour before the estimated arrival window of your service appointment. 

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Service Changes, Cancellations, and Fees.  Once your order is placed, you may only make Service changes, Service appointment changes, and cancellations by email to: smarterhomepros@gmail.com.  For Service cancellations or to reschedule your Service appointment, please contact us at least six (6) hours prior to your Service appointment.  If you fail to cancel your Service appointment prior to the technician’s arrival for your Service appointment or no adult is present at the Service location, you may be charged with “Failed Service Appointment Fee” to the payment information on file with us.

 

Your Data and Software.  You are solely responsible for backing up any data and software on your product or removing any media (e.g., memory card) prior to Service.  We will NOT back up any data or software and we are not responsible for the loss, alteration, or corruption of any data, software, or lost media.  We may request your user name and password for your product in order to perform the Service.  You agree to change all product passwords after the Service is complete and you release us from any claims, losses, or damages resulting from the failure to do so.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY BREACH OR VIOLATION OF THESE SERVICE TERMS AT ANY TIME PRIOR TO THE COMPLETION OF THE SERVICE(S) MAY RESULT IN THE CANCELLATION OF YOUR SERVICE APPOINTMENT OR THE REFUSAL TO PERFORM OR, IN INSTANCES WHERE THE SERVICE(S) ARE NOT YET COMPLETED, CONTINUE PERFORMING THE SERVICE(S).

Refunds Policy

This Refunds Policy applies to all installation services ordered from the Site.

 

Refund Policy.  Refunds will only cover the price of the original product(s) or device(s) and any associated taxes. If you request a cancellation and refund for installation service prior to the day of your service appointment, we will initiate your refund immediately. For installations we are unable to complete on the day of your appointment, we will initiate your refund 14 days after your original appointment date. You may contact us at smarterhomepros@gmail.com to schedule a new appointment date or to request initiation of your refund prior to the expiration of the 14 day window.

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