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You may incur additional fees from third party providers in connection with your use of the System Services, an independent handheld device, or the internet, for data transmission, internet usage, SMS, short code or other
transmission fees, charges or taxes, which are solely your responsibility.
Genie reserves the right, at any time, to begin charging you License Fees for your access to or use of the System under this EULA (“License Fees”), and/or to increase or modify License Fees, for your access to or use of the
System. If Genie elects to charge License Fees and you wish to continue to access and use the System, you must: (i) enter into a subscription agreement on terms and conditions specified by Genie, (ii) make acceptable
payment arrangements with Genie, and (iii) pay the applicable License Fee to Genie. If you fail to do so, your ability to access the System will automatically terminate at a time determined by Genie in its sole discretion. You will
be responsible for paying any and all sales, use, excise, personal property or other taxes of similar nature levied upon License Fees for your access to or use of the System.
4. SALE OF HOME / SYSTEM HARDWARE
YOU UNDERSTAND AND AGREE THAT IF YOU MOVE AND LEAVE SYSTEM HARDWARE AT YOUR HOME, YOU WILL DELETE YOUR ACCOUNT AND NO LONGER ACCESS THE GENIE SYSTEM WITH RESPECT TO YOUR PRIOR ADDRESS.
5. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS.
THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND GENIE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY
LAW, GENIE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
GENIE AND ITS THIRD PARTY SERVICE PROVIDERS HAVE NO LIABILITY FOR THE CHOICE OF ROUTERS, NETWORKING EQUIPMENT OR OTHER PRODUCTS INSTALLED AT YOUR PREMISES, OR THEIR INSTALLATION, CONNECTION,
OPERATION, OR COMPATIBILITY, OR FOR ANY INTERFERENCE CAUSED THEREBY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENIE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY,
COMPLETENESS, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM;
AND (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS
OR OTHER FORUMS; AND (6) ANY OTHER FAILURE TO PERFORM BY GENIE; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.
IF GENIE SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY
BASIS WHATSOEVER, (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), ITS TOTAL MAXIMUM LIABILITY IS LIMITED TO $1000.00 WHICH WILL BE THE
COMPLETE AND EXCLUSIVE REMEDY AGAINST GENIE. IN ADDITION, IN NO EVENT WILL GENIE OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR SUPPLIERS, BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SYSTEM OR ANY COMPONENT THEREOF OR TO YOUR RELATIONSHIP WITH GENIE, EVEN IF GENIE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL GENIE BE HELD LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SYSTEM, ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR
MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
6. NO GUARANTEE / DISCLAIMERS.
The System is intended to allow users to remotely operate and monitor garage door and barrier operators, lighting, and other similar equipment connected to the System.
WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE SYSTEM, AND AVOID USE ANY
WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE SYSTEM WHILE DRIVING.
THERE IS NO GUARANTEE THAT THE SYSTEM WILL PROVIDE ERROR-FREE OPERATION, OR THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED, OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS
CAUSED BY BURGLARY OR ROBBERY. THE FURTHER, THERE IS NO GUARANTEE THAT THE SYSTEM OR YOUR MOBILE DEVICE OR COMPUTER WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU REGARDING THE
SYSTEM, INCLUDING, BUT NOT LIMITED TO, SIGNALS REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR GARAGE DOOR OPENER. YOU ACKNOWLEDGE THAT THE SYSTEM WILL NOT PREVENT OR DETECT A BURGLARY,
ROBBERY, FIRE OR OTHER EVENT, THAT THE SYSTEM IS NOT A SECURITY SYSTEM OR INSURANCE POLICY, AND THAT THE DOES NOT PROVIDE CENTRAL STATION OR OTHER MONITORING OR FIRE, SMOKE, HEAT, MOTION OR
OTHER ALARM OR DETECTION CAPABILITIES. YOU ACKNOWLEDGE THAT THE AVAILABILITY OF THE SYSTEM SERVICES IS DEPENDENT ON YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, YOUR INTERNET SERVICE PROVIDER,