TERMS OF USE

Welcome to Belkin! These Terms of Use cover all Belkin, Linksys and WeMo branded websites and any other websites associated with www.belkin.com, including but not limited to any Belkin, Linksys or WeMo branded social media sites, and create an agreement between you and Belkin regarding your use of these websites (collectively, “Site”), and any apps that facilitate use of the Site or any services available by Belkin on or through the Site (collectively, "Services"). Your use of the Site and Services is governed by these Terms of Use and Belkin’s Privacy Policy. Please review these carefully before using the Site or Services.

“Belkin”, “we” or “us” mean Belkin International, Inc., including its global subsidiaries and affiliated companies (including Linksys). “Belkin Products” includes all Belkin, Linksys and WeMo apps, products and services. “Personal Information” is defined in Belkin’s Privacy Policy.

We may update these Terms of Use from time to time, so please review it periodically. If we change our Terms of Use, we will post the revised version here, with an updated revision date.

Using the Site


Do not misuse the Site and the Services. Do not obtain or attempt to obtain any materials or information, or gain access to any systems or networks connected to the Site or to any Belkin server, or to any of the Services, through any means that we do not intentionally make available through the Site.

Do not use any device, software or routine to try to modify, intercept, or interfere with the Site and the Services or with any other person’s use of the Site or Services. Specifically, you must not submit, upload or transfer any unauthorized files, codes, scripts (including but not limited to viruses or Trojan Horses) or use any device, program, algorithm, methodology or process (whether automatic or manual), to access, acquire, copy or monitor any portion of the Site or Service, or in any way reproduce or circumvent the navigational structure or presentation of the Site.

Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Service that we provide to you, without our written agreement.

You cannot use content from our Site unless you obtain permission from Belkin or are otherwise permitted by law. Do not remove, obscure, or alter any trademarks or legal notices displayed on our Site. You may use Belkin product information and documentation (“Documentation”) made available by Belkin for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use where the product is not a “Small-Medium Business or SMB” branded product. Where the product is a “Small-Medium Business or SMB” branded product, you may use the Documentation for your personal or commercial use; (2) do not modify the Documentation, and (2) do not remove any proprietary rights notices.

Third Party and Social Media Linked Sites


We include links to websites operated by third parties on or through the Site and Services. Once you leave the Site and Services, your activities are governed by the terms of use and privacy policies of the third party site. Belkin is not responsible for the terms of use, privacy practices or the content of these sites, and we encourage you to carefully read the terms of use and privacy policies of any website you visit.

Notifications


Belkin may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site. Belkin is not responsible for any automatic filtering you or your network provider may apply to email notifications. Belkin recommends that you add @Belkin.com URLs to your email address book to help ensure you receive email notifications from Belkin.

Additional terms and conditions


When you purchase Belkin Products on the Site or use any portion or feature of the Site, including participating in contests and promotions, you may be required to agree to additional terms and conditions. For example, we may require you to check a box to indicate your acceptance of these additional terms and conditions (this will usually be required when you purchase Belkin Products on the Site or participate in a contest). If you agree to such additional terms and conditions, these will be made a part of these Terms of Use by this reference.

If there is a conflict between these Terms of Use and any additional terms and conditions posted for or applicable to a specific portion of the Site or for any Service, such additional terms and conditions shall control with respect to your use of that portion of the Site or the specific Service.

Data, Information and Privacy


Please refer to Belkin’s Privacy Policy to understand Belkin’s privacy practices.

Terms of Use.


We do not grant you any other rights, implied or otherwise. All rights that are not expressly granted to you in these Terms of Use are reserved by Belkin or its licensors, suppliers, publishers, rights holders, or other content providers.

How the Services are to be Used


Our aim is to provide highly reliable and available Services, however, the Services are not intended or guaranteed to be reliable or available 100% of the time. In addition, the Services may be subject to sporadic interruptions and failures for reasons beyond Belkin’s control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications and carriers. We cannot and do not guarantee that you will receive notifications or have access to the Services in any given time or at all.

System Requirements. Certain Services may not be accessible without :(i) a working Wi-Fi network in your home that is positioned to communicate reliably with the applicable Belkin Product; (ii) a Belkin account; (iii) mobile clients such as a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Belkin. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Services may not work as described if the requirements and compatibility have not been met.

Suspension or Cancellation of Service


These terms are effective until terminated by Belkin and Belkin may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these terms will survive.

Your account


If you have created an account with us, we may suspend or cancel your access to the Site or Service and/or block your future access to the Site, if (a) you do not comply with these Terms of Use or other agreements or policies which may be associated with your use of the Site or Service, (b) your actions cause Belkin to violate any agreement or policy needed to run the Site or Service, (c) Belkin is required to do so by any court, law enforcement agency, or government authority in any country, (d) the Site or Service is discontinued or materially modified, for any reason; (e) we reasonably anticipate the occurrence of technical issues or problems that may affect the operation of the Services or Site; (f) unexpected technical issues or problems affecting the operation of the Services or Site occur; or (g) if we have to investigate suspected misconduct.

If any of the above circumstances occur, Belkin may, upon giving you written notice of cancellation of your access to the Site or Service, deactivate or delete your account. Belkin will not be liable to you or to any third party for any suspension or cancellation of your access to the Site or Service, or the deactivation or deletion of your account.

Belkin Content


All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, documentation and computer code (collectively, “Belkin Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Belkin Content, contained in and on the Site or as part of any Service is owned or controlled by Belkin, or licensed by or to Belkin, and is protected by trade dress, copyright, patent, and trademark laws in the United States and other countries, and various other intellectual property rights.

You cannot use, copy, modify, publish, post, publicly display or publicly perform (whether by means of a digital, audio or video transmission), encode, translate, distribute or disseminate any Belkin Content through any method or medium, without Belkin’s prior written agreement.

Although Belkin has attempted to provide accurate information on the Site, to the extent permitted by law, Belkin assumes no responsibility for the accuracy of the information or for any typographical or graphical errors that may appear in this or in related documents. Belkin may change the Services or Products mentioned on the Site at any time without notice. Mention of non-Belkin products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Your Content


You retain ownership of any intellectual property rights that you hold in any content you submit through the use of any Service, or any portion or feature of the Site.

When you upload or otherwise submit content to our Services or Site, you give Belkin and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Do ensure you have the necessary rights to grant us this license for any content that you submit to our Services. If you would like access to your content, or to change or delete your content, please contact us at privacy@belkin.com or if you are located in Singapore, please contact Alison Tan at privacy.sg@belkin.com, we will be happy to assist.

Belkin may invite you, or you may choose voluntarily, to submit comments, suggestions, or ideas about Belkin Products or Services, including how to improve them (“Feedback”). By submitting Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, non-confidential and without restriction and will not place Belkin under any fiduciary or other obligation. Belkin may freely use, copy, modify, publish, redistribute, or create derivative works from or based on the Feedback for any purpose and in any manner without any compensation or acknowledgement to you. You also agree that Belkin does not waive any rights to use similar or related ideas previously known to Belkin, developed by its employees, or obtained from other sources.

Software License Agreement


Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original Belkin Product licensed by you which you are updating or (iii) the license terms pursuant to the End User License Agreement located here http://www.belkin.com/us/end-user-license-agreement/.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

General Disclaimer


To the fullest extent permitted by law, Belkin’s liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Belkin to the following:

in the case of services supplied or offered by Belkin, which are of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by Belkin, which are of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

These Terms of Use are not intended to and do not:


change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or

limit or exclude any right you have against the person who sold a Belkin Product to you if that person has breached their sales contract with you.

Use of the Site and the Services is at your sole risk;


By using the Site and/ or the Services, Belkin and its suppliers, licensors, resellers, retailers and affiliates do not guarantee that your use of the Site and the Services will be uninterrupted, timely or error-free. To the maximum extent permitted by applicable law, the Site and the Services are provided “AS IS” and "AS AVAILABLE" for your use without warranties, guarantees, conditions of any kind, whether express, implied, statutory or otherwise;

No advice or information obtained by you from Belkin on or via the Site or Services will create any warranty or condition not expressly stated in these Terms of Use;

The warranties and remedies set out in these Terms of Use are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express, or implied.

Due to the continual development of new techniques for intruding upon and attacking networks, Belkin does not warrant that the Service, system(s) or network(s) on which (or through which) the Site and the Services are used will be free of vulnerability to intrusion or attack. The Services may include or be bundled with a third party product, software or service offerings. We do not provide any warranties whether express, implied, statutory or otherwise for such third party product, software or service offerings. We do not guarantee any continued availability of a third party’s service for which the Site’s or a Service’s use or operation may require.

In addition, please note that some Services may monitor energy consumption in the home. Belkin does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Services or any other feature. Actual energy savings and any associated monetary benefits vary based on factors beyond Belkin’s control or knowledge. From time to time, Belkin may use the Service to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Service. You agree that this information is not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Belkin if your savings differs. All information provided to you by Belkin is provided “AS IS” and “AS AVAILABLE”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing information through the Service not a substitute for direct access of the information in the home.

General Exclusions and Limitations of Liability


Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

We are not liable to you or anyone else for any loss in connection with use of this website or a linked website.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers


The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Belkin) will Belkin be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site of the Services.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

You agree that if Belkin does not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of Belkin’s rights and that those rights or remedies will still be available to Belkin.

BELKIN, LINKSYS, WEMO and many product names and logos are trademarks of the Belkin group of companies. Third-party trademarks mentioned are the property of their respective owners.

© 2014 Belkin International, Inc. and/or its affiliates. All rights reserved.


Updated 30 November 2014