Terms and conditions

Updated as of June 29, 2017

Thank you for your interest in the website and the Service (as defined below) of enyhome by QUANTUM BACKSLASH GLOBAL, INC.. (“Company” or "We").


By accessing this website and/or subscribing for the Service (as defined below), you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms of Use ("Agreement"); (2) that you are above the age of majority and have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of (i) the website, (ii) eny Home Service and (iii) eny Equipment (as defined below) and 4) eny Home Service Installation (as defined below) (collectively referred to herein as the “Service”).

Access and Use of the Service

  • • You cannot access or use our Service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
  • • You must not modify, adapt, or hack into the Service or modify another the Service so as to falsely imply that it is associated with the Service.
  • • You must not transmit any worms or viruses or any code of a destructive nature.


QUANTUM BACKSLASH GLOBAL, INC. Intellectual Property


Except for content linked to or from an external source, all other information and materials that appear as part of the Service (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property") are the property of QUANTUM BACKSLASH GLOBAL, INC..
The Service as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by QUANTUM BACKSLASH GLOBAL, INC. you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through the Service, in whole or in part.

Limited License; Personal, Business, and Non-Commercial Use Limitation.


You are hereby granted a non-exclusive license to view the content on the Service, but only while accessing the Service. Except to the extent required for the limited purpose of reviewing material on the Service, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other Services also is strictly prohibited.
You agree that you are only authorized to visit, view, and retain a copy of pages of the Service for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Service for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the Service for any purpose, unless specifically authorized by QUANTUM BACKSLASH GLOBAL, INC..

Subscriptions


ENY HOME SERVICE. Subscribing to ENY HOME SERVICE gives you access to the subscription benefits for that service for a specified period. You will continue to be charged until you cancel your subscription or until the end of the service. 
Cancellations. Your monthly purchase is an auto-recurring periodic subscription to Service. You may cancel that subscription at any time before the end of the month which is the applicable billing cycle, and the cancellation will apply to the next period. In other words, you may cancel your purchase of a monthly subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period.
Monthly Subscription Fee. Standard Eny Home Service Subscription Fee is $24.99 / month. For payment, You agree to pay us using your creditcard and a third party payment processing service such as Stripe. Your payment with Stripe will be set up when the Service is installed at your home. Additional terms and conditions of Stripe will apply. https://stripe.com/us/legal
Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, We will notify you. The increase will apply to the next payment due from you after the notice. If you do not wish to pay the increased price for a subscription, you may cancel the subscription.

Unauthorized Use of the Service


You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Service.
You shall not use Service for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, any way we determine to be inappropriate or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Service, including, but not limited to, unauthorized framing of or linking to the Service or unauthorized use of any robot, spider, or other automated device on the Service, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Third Party Services


From time to time, QUANTUM BACKSLASH GLOBAL, INC. may use services, including but not limited to analytics and advertising, provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our Service to a Third-Party Service does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Service or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Services to which you might link from our Service, or which may download or connect with through our Service. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY SERVICE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY SERVICE.

Access to Your Premises and Your Equipment


Access to Premises. You agree to allow us and our agents the right to enter your property at which the Service and/or eny Equipment (as defined below) will be provided (the “Premises”) at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service and/or eny Equipment used to receive any of the Service. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above.
Access to Customer Equipment. “Customer Equipment” means software, hardware or services that you elect to use in connection with the Service. You agree to allow us and our agents the rights to insert cable cards and other hardware in the Customer Equipment, send software, firmware, and/or other programs to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and eny Equipment.
Your Representations and Warranties. You warrant you are either the owner of the Premises and Customer Equipment or that you have the authority to give us access to the Premises and Customer Equipment. If you are not the owner of the Premises and Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Premises and Customer Equipment to perform the activities specified above. In addition, you agree to supply us or our agents, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises and Customer Equipment to perform the activities specified above.
No Company Responsibility for Customer Equipment. The Company has no responsibility for the operation or support, maintenance, or repair of Customer Equipment including, but not limited to, Customer Equipment to which The Company or a third party has sent software, firmware, or other programs.

Maintenance and Ownership of eny Equipment and Software


Eny Equipment. “eny Equipment” means any equipment provided by the Company such as gateways, routers, switches, vacuum cleaner, appliances, lightbulbs and any other equipment provided or leased to you by us or our agents. eny Equipment also includes any software, firmware, or other programs contained within Customer Equipment or eny Equipment. You agree that all eny Equipment belongs to us or other third parties and will not be deemed fixtures or in any way part of the Premises. We may remove or change the eny Equipment at our discretion at any time the Service are active or following the termination of your Service. You acknowledge and agree that our addition or removal of or change to the eny Equipment may interrupt your Service. You may not sell, lease, abandon, or give away eny Equipment, or permit any third party to use eny Equipment. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the eny Equipment to us in an undamaged condition.

Violation of the Terms


You agree that monetary damages may not provide a sufficient remedy to QUANTUM BACKSLASH GLOBAL, INC. for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.

Disclaimers and Limitations


  • a. Disclaimer. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  • b. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.


Indemnity


You agree to indemnify, defend, and hold harmless QUANTUM BACKSLASH GLOBAL, INC. its agents and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Service. QUANTUM BACKSLASH GLOBAL, INC. reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with QUANTUM BACKSLASH GLOBAL, INC. in asserting any available defenses.

Changes to this Agreement


QUANTUM BACKSLASH GLOBAL, INC. reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Service and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Service.

Modification/Termination of website


In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, QUANTUM BACKSLASH GLOBAL, INC. shall not be liable to you or any third-party for any termination of your access.

Arbitration


You agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Expedited Commercial Arbitration Rules. The arbitration will be held in San Francisco, California unless we agree otherwise.

Class Action Waiver


You agree NOT to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree not to bring any class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.

General Legal Provisions


This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to this Service. Access to our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to our Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.