Terms of Service

SmartHome Gear > Terms of Service

Terms of Use for Smart Home Gear LLC (smartheromegear.us)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE WEBSITE.

IMPORTANT LEGAL NOTICE: This Terms of Use document is a legally binding agreement. While generated based on provided information and standard practices, it is NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. Smart Home Gear LLC strongly recommends that you consult with a qualified attorney licensed in your jurisdiction (and potentially both California and New York, given the company’s structure) to review and tailor these terms to your specific business needs and ensure full compliance with all applicable laws and regulations before publishing or relying on them. Smart Home Gear LLC and its AI service provider assume no liability for the use or interpretation of these terms.

1. Introduction and Acceptance of Terms

Welcome to smartheromegear.us (the “Website”), owned and operated by Smart Home Gear LLC (“Smart Home Gear,” “we,” “us,” or “our”). Smart Home Gear LLC is a Limited Liability Company organized under the laws of California (File No: B20250035336), with its principal place of business at 36 Circle Dr, Glen Cove, NY 11542, and its registered agent for service of process in California, Fred Gack, at 1145 Acacia Ave, Sacramento, CA 95815.

These Terms of Use (“Terms”) govern your access to and use of our Website, including any content, functionality, information, and services offered on or through smartheromegear.us. These Terms apply to all visitors, users, and others who wish to access or use the Website (“User,” “you,” or “your”).

By accessing, Browse, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (which is incorporated herein by reference), and any additional terms and conditions or policies referenced herein or available by hyperlink. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services and Website

Smart Home Gear LLC provides expert consultation, design, installation, integration, and support services for a wide range of smart home technologies, including but not limited to, Closed-Circuit Television (CCTV) systems, smart lighting, smart thermostats, smart locks, video doorbells, home entertainment systems, and whole-home automation networks (collectively, the “Services”).

The Website is designed to provide you with information about our Services, allow you to explore potential solutions, request consultations or quotes, access resources, and contact us. The information provided on the Website is for general informational and promotional purposes only. The specific scope, terms, conditions, and warranties related to any Services provided by Smart Home Gear will be governed by a separate, written Service Agreement (“Service Agreement”) entered into between you and Smart Home Gear LLC.

3. Website Access and Use License

Subject to your compliance with these Terms, Smart Home Gear grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website and its content for informational purposes and to inquire about or engage our Services. This license does not include:

  • Any resale or commercial use of this Website or its contents.
  • Any collection and use of any Service listings, descriptions, or prices.
  • Any derivative use of this Website or its contents.
  • Any downloading, copying, or other use of account information for the benefit of any third party.
  • Any use of data mining, robots, or similar data gathering and extraction tools.

No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Smart Home Gear LLC.

4. Prohibited Conduct

You agree not to use the Website in any way that:

  • Violates any applicable federal, state, local, or international law or regulation.
  • Is fraudulent, unlawful, or harmful, or has any fraudulent, unlawful, or harmful purpose or effect.
  • Involves transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Involves impersonating or attempting to impersonate Smart Home Gear, an employee, another user, or any other person or entity.
  • Engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Smart Home Gear or users of the Website or expose them to liability.
  • Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Uses any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Uses any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Introduces any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attacks the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempts to interfere with the proper working of the Website.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Smart Home Gear LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name “Smart Home Gear,” the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Smart Home Gear LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Smart Home Gear LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are not permitted to use these marks or any other content from the Website without our express written consent, except as permitted by the limited license granted in Section 3.

6. User-Provided Information

When you contact us, request a quote, or otherwise provide information through the Website (e.g., via forms or email), you agree to provide information that is true, accurate, current, and complete. You understand that any information you provide will be handled in accordance with our Privacy Policy.

While we strive to protect your information, we cannot guarantee its absolute security. You acknowledge that you provide your personal information at your own risk.

7. Quotes, Consultations, and Service Agreements

Any quotes, estimates, or proposals provided through or as a result of using the Website are non-binding estimates unless and until they are incorporated into a formal, written Service Agreement signed by both you and an authorized representative of Smart Home Gear LLC.

All Services provided by Smart Home Gear are subject to the terms and conditions outlined in the specific Service Agreement for those Services. In the event of any conflict between these Terms of Use and a Service Agreement, the terms of the Service Agreement shall prevail with respect to the Services covered by that agreement.

8. Payments

Payments for Services rendered by Smart Home Gear LLC will be handled according to the terms specified in your Service Agreement. The Website itself does not typically process payments, but it may facilitate communication regarding invoices or payment methods. You are responsible for all applicable taxes and fees associated with the Services you purchase.

9. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Smart Home Gear LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Smart Home Gear LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMART HOME GEAR LLC NOR ANY PERSON ASSOCIATED WITH SMART HOME GEAR LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER SMART HOME GEAR LLC NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SMART HOME GEAR LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NOTE: WARRANTIES RELATED TO THE ACTUAL SERVICES PROVIDED BY SMART HOME GEAR LLC WILL BE EXPLICITLY STATED IN YOUR SIGNED SERVICE AGREEMENT AND ARE SEPARATE FROM THESE WEBSITE-RELATED DISCLAIMERS.

11. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SMART HOME GEAR LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SMART HOME GEAR LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SMART HOME GEAR LLC FOR YOUR USE OF THE WEBSITE OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

LIABILITY RELATED TO SERVICES PROVIDED WILL BE GOVERNED BY THE APPLICABLE SERVICE AGREEMENT.

12. Indemnification

You agree to defend, indemnify, and hold harmless Smart Home Gear LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

13. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Sacramento, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Dispute Resolution: Arbitration and Class Action Waiver

At Smart Home Gear LLC’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying California law.

  • Informal Resolution: Before initiating arbitration, we encourage you to contact us at consult@smarthomegear.us to seek an informal resolution.
  • Arbitration: If a dispute cannot be resolved informally, you and Smart Home Gear LLC agree that any claim or dispute arising out of or relating to these Terms or the Website will be settled by binding arbitration administered by the AAA. The arbitration will take place in Sacramento, California, unless another location is mutually agreed upon. The arbitrator’s decision will be final and binding.
  • No Class Actions: YOU AND SMART HOME GEAR LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Smart Home Gear LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15. Changes to the Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will post the revised Terms on the Website and update the “Effective Date” at the top of these Terms. We may, but are not obligated to, provide you with notice of such changes.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new terms, you are no longer authorized to use the Website.

16. Miscellaneous

  • Waiver and Severability: No waiver by Smart Home Gear LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smart Home Gear LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  • Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Smart Home Gear LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Service Agreements will constitute separate agreements governing the Services themselves.
  • Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Smart Home Gear LLC may freely assign or transfer these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Smart Home Gear LLC Attn: Legal Department 36 Circle Dr Glen Cove, NY 11542 Email: consult@smarthomegear.us