Before we come to your home for a connected home consultation (the "Consultation"), you will need to agree to the following terms. Google employees and agents, including our connected home specialists, have no authority to alter these terms, either orally or in writing. "Google" includes Google LLC and its subsidiaries and affiliates.
Someone who is at least 18 years of age will need to be present to authorize, receive, and participate in the Consultation.
We will send our connected home specialists to your home on the scheduled date and time to discuss your specific needs and work with you to develop recommendations tailored for you. Our connected home specialists have a lot of experience and knowledge of our products and how they work together, but they are not licensed contractors. Our connected home specialists will discuss products and solutions, and may perform or guide you in performing some compatibility checking, but our connected home specialists are not authorized to perform activities, such as installation, that require a contractor license.
These terms apply only to the Consultation. If you purchase any of the recommended products or services, or any other product or service, then additional terms and conditions and charges may apply. Certain products or services should be installed only by licensed contractors according to law. It is your responsibility to have the products properly installed and in accordance with any applicable law.
Any information you provide to us before, during, or after the Consultation may be combined with other information we have, and such information (alone or combined) may be used for support, product improvement, and fraud prevention purposes and as explained in our Privacy Statement. Contact Google to have your information related to this program deleted.
Using the information you provide to us, we may call, text message or email to schedule, discuss proposals, update orders, follow up for feedback and inform you about other products or services. Your calls with us may be recorded for training purposes. Some of our calls may be pre-recorded or automated, and texts may be automated. Your consent to receive calls or texts after purchase is not a condition of purchase. Message and data rates may apply.
If you tell us to, we may give your information to other parties (such as contractors or other service providers) to help you in arranging or scheduling purchases, installations, service calls or other activities related to your purchases or the Consultation. When you tell us to help in this way, you are authorizing us to share your information with these other parties to the extent that these parties need your information for these activities. Even if we help you, the relationship between you and these parties is solely between you and the other parties. These third parties are not employees, subcontractors, or agents of Google. We are not in any way responsible for other parties’ failure to perform or adhere to the law, nor for any damages caused by these other parties.
If you purchase any products or services during the Consultation, either via a shared cart from our online store or directly from our connected home specialists, the sale is subject to the Google Devices Sales Terms to the extent applicable.
We provide the Consultation using a commercially reasonable level of skill and care and we hope that you will enjoy it. But there are certain things that we don’t promise about the Consultation. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE CONSULTATION OR ANY PRODUCTS OR SERVICES DISCUSSED OR RECOMMENDED. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, OR THE ABILITY TO MEET THE NEEDS OF FEDERAL, STATE OR LOCAL LAW. WE PROVIDE THE CONSULTATION “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
GOOGLE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN RENDERING SERVICES CAUSED BY EVENTS BEYOND OUR CONTROL. IF OUR ABILITY TO PROVIDE SERVICES IS IMPAIRED BY YOU OR CIRCUMSTANCES BEYOND OUR CONTROL, WE MAY CHOOSE NOT TO PROVIDE SERVICES. FOR THE HEALTH AND SAFETY OF THE SMART HOME EXPERTS, WE RESERVE THE RIGHT TO REFUSE OR TO RESCHEDULE WORK DUE TO REAL OR PERCEIVED DANGERS, INCLUDING BUT NOT LIMITED TO, DANGEROUS OR EXTREME CONDITIONS, UNREASONABLE REQUESTS, AND HAZARDOUS ENVIRONMENTS, INCLUDING POTENTIAL CODE VIOLATIONS. WE WILL NOT DECONSTRUCT, TAKE APART, OR BREAK DOWN ANY PRODUCT(S). EXCEPT FOR DIRECT PROPERTY DAMAGE THAT RESULTS FROM OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD, GOOGLE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, COSTS, EXPENSES, OR LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY US FOR THE SET-UP, USE OF, OR INABILITY TO USE THE PRODUCT(S). GOOGLE WILL ALSO NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU OR ANY OTHER PERSON MAY SUFFER, INCLUDING BUT NOT LIMITED TO, ANY CHANGES, ALTERATIONS, OR DAMAGES TO YOUR RESIDENCE OR DESIGNATED SET-UP PREMISES DUE TO EVENTS BEYOND OUR CONTROL. SOME STATES DO NOT ALLOW LIMITATIONS OR RELEASE OF CERTAIN DAMAGES OR LIABILITY, SO THE ABOVE LIMITATION OF LIABILITY AND RELEASE MAY NOT APPLY TO YOU.
This agreement is governed by California law, excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.
The parties are independent contractors, and this agreement does not create an agency, partnership or joint venture. Your rights and obligations under this agreement are specific to you, and you cannot assign them to anyone else. Google may freely assign or delegate its rights and obligations under this agreement. This is the entire agreement between you and Google. You may not modify this agreement without Google’s written consent. Failure to enforce any provision will not constitute a waiver. The English language version is legally binding and shall prevail in case of any inconsistencies with translated versions.
If you received a valid Google In-Home Consultation referral card with a reward printed on it, you are eligible to receive the reward gift printed on the card. To claim your referral reward, you must complete an in-home consultation before 30 June, 2019 and you must provide your referral card to a Google specialist at the time you receive the consultation. Offer open to California residents only. Offer expires on 30 June, 2019. Offer applies to in-home consultations by Google Specialists only. Limit one free reward per household. Installation or setup for the reward is not provided. The offer is as stated, there is no cash alternative and the free in-home consultation offer cannot be sold, transferred to another customer or exchanged for any other item or service. Google reserves the right to amend or temporarily suspend this offer in the event of any unforeseen circumstances, including lack of inventory, without liability to any purchaser. By participating in this offer you will be deemed to have accepted and to be bound by the Terms and Conditions.
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