Whole Home's Web Site

TERMS OF USE AND LEGAL RESTRICTIONS ("TERMS")
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE

Whole Home is a trading name of Actio Limited and provides access to and use of this web site subject to the following Terms:

By using any of Actio's web sites you agree to be legally bound by all of the Terms detailed herein, which shall take effect immediately on your first use of any of Actio's web sites. If you do not agree to be legally bound by all the following Terms please do not access and/or use any of Actio's web sites.

Any of Actio's web sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Actio may change/revise these Terms in any way and at any time by updating this posting online. Please review these Terms regularly to ensure you are aware of any changes made by Actio and the then current Terms because they are legally binding on you. Any continued use of any of Actio's web sites after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.

You agree to use any of Actio's web sites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of any of Actio's web sites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within any of Actio's web sites.

Actio makes no representations whatsoever about any other web site which you may access through any of Actio's web sites. When you access a non-Actio web site, even one that may contain any of Actio's logos, it shall be understood that it is independent from Actio, and that Actio has no control over the content on that web site. In addition, a link to a non-Actio web site does not mean that Actio endorses or accepts any responsibility for the content, or the use, of such web site.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature and to adequately protect yourself against such items with up to date software.

Information on any of Actio's web sites may contain technical inaccuracies or typographical errors.

Information and specifications may be changed or updated at any time without notice. Actio may also make improvements and/or changes in any services, products and/or any programs described on any of Actio's web sites at any time without notice.

Content and Downloads

Actio authorises you to view and download the content of this web site only for your personal, non-commercial use provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.

You may not modify any of the content/downloads from any of Actio's web sites in any way.

You may not copy, reproduce, publicly display, republish, download, post, broadcast, transmit, distribute or otherwise use any of the content/downloads from any of Actio's web sites in any way for any public or commercial purpose.

You also agree not to adapt, alter or create a derivative work from the any of the content/downloads from any of Actio's web sites.

Any other use of any of the content/downloads from Actio's web sites is prohibited and requires the prior written permission of Actio to alter this.

Any use of any of the content/downloads on any other website or networked computer environment for any purpose is prohibited.

All the content and downloads at any of Actio's websites are copyrighted and any unauthorised use of any content/downloads may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorisation to use any of Actio's websites automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers and Limitation of Liability

Actio assumes no responsibility regarding the accuracy of the information that is provided by Actio and use of such information is at the recipient's own risk. Actio provides no assurances that any reported problems might be resolved with the use of any information that Actio provides. By furnishing information, Actio does not grant any licences to any copyrights, patents or any other intellectual property rights.

Actio does not warrant that functions contained in any of Actio's web sites content shall be uninterrupted or error free, that defects shall be corrected, or that any of Actio's web sites or the server that makes it available are free of viruses or bugs.

THE CONTENT OF ANY OF ACTIO'S WEB SITES, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO ACTIO, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED ON AN "AS IS" ONLY WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE (WHETHER EXPRESS OR IMPLIED BY LAW) INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, COMPATIBILITY, SECURITY AND ACCURACY.

IN NO EVENT SHALL ACTIO, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON ANY OF ACTIO'S WEB SITES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR ANY OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR ELSEWHERE, OR ANY OTHER DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY OF ACTIO'S OTHER WEBSITES, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT AND/OR DOWNLOADS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ACTIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IF YOUR USE OF THE CONTENT AND/OR DOWNLOADS, INFORMATION OR SERVICES FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF AND ANY ASSOCIATED COSTS.

Intellectual Property

The following is a current listing of Actio's trademarks and failure of a mark to appear here does not mean that Actio does not use the mark nor does it mean that the service or product is not actively marketed or is not significant within its relevant market:

• Actio Limited, Actio, the Actio logo, the Actio Dragon logo, Cohesive Change Management, Cohesive Change Management System Illustration, The Actio Approach, Clearly Experts, Clear Team, associated URLs, the 'ClearCase Independent User Group' abbreviated to CCIUG (ClearCase is a registered trademark of IBM), cciug.org, cciug.co.uk, The Centre of Excellence, Business Continuity Capability, Complete Training Services
• Simply Smarter, Transforming Technology into Ease & Style; Transforming Technology into Luxury & Style; Imagination Engineer, Whole Home Systems, WholeHomeSystems, the Whole Home Systems logo, the Whole Home logo, the GSD (German Shepherd Dog) logo, the Symbol of Success logo; wholehomesystems.com, wholehomesystems.co.uk, wholehome.co.uk, whole-home.co.uk, whole-home.com, wholehomesolutions.co.uk, wholehousesystems.co.uk, wholehousesystems.com, wholehomeautomation.co.uk, wholehouseautomation.co.uk, wholehouseautomation.com, whole-home-systems.co.uk, whole-home-systems.com, whole-home-system.co.uk, whole-home-system.com, wholehomesystem.co.uk, wholehomesystem.com, wholehomesystems.info, wholehomesystems.net, wholehomesolutions.info, wholehomesolutions.net, wholehomesolutions.co.uk, Inspire, Intellect, Illume, Intelligate, Making Life Easier, Safer and More Enjoyable, Making Your Life Easier, Safer and More Enjoyable, Making Life Easier, Safer & Great Fun!, Making Your Life Easier, Safer & Great Fun!, Freedom to Enjoy
• qelectrics.com, qelectrics.co.uk, Peace of Mind is Just One Call Away, the Quality Electrics logo
• sbunite.com, sbunite.co.uk, Computing Action, the Computing Action logo, Technology Tamed.

The names, images and logos identifying Actio, or third parties, and their products and services are subject to copyright, design rights and trade marks of Actio, or third parties respectively. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Actio or any other third party.

All trademarks or registered trademarks are the property of their respective owners.

Use of Actio's Trademarks

Actio carefully limits the use of all of its trademarks. No other company may use any of Actio's trademarks unless it has the express written permission of Actio, or is licensed by Actio to do so. To see if Actio will provide permission to use any of Actio's trademarks, contact Actio directly by an initial email addressed to tm@actio.co.uk with the heading of Trademark Usage.

User Submissions to Any of Actio's Web Sites

Actio does not want to receive confidential or proprietary information from you through any of our web sites. Please note that any information, materials or other communications ("Communications") that you transmit, post or send to this web site shall be deemed to be non-proprietary and non-confidential. Actio shall have no obligations with respect to the Communications. By sending Actio any Communications, you grant Actio an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, copy, incorporate, disclose, transmit, distribute and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You also agree that Actio is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we shall not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the Communications you submit to a particular part of this web site shall be published or otherwise used with your name on it; or (c) we are required to do so by law. If you do not want to grant to Actio the rights set out above, please do not submit your contribution to any of Actio's web sites.

Further to the above, by submitting your Communications to any of Actio's web sites, you warrant that all Communications:

• Are your own original work and that you have the right to make it available to Actio for all the purposes specified above;
• Are not defamatory; and
• Do not infringe any law; and
• That you shall indemnify Actio against all legal fees, damages and other expenses that may be incurred by Actio or any other party as a result of your breach of the above warranty; and
• Shall waive any moral rights in your contribution for the purposes of its submission to and publication on any of Actio's web sites and the purposes specified above.

Rules for Any of Actio's Web Site Forums ("Rules")

Where Actio provide forums (including Message Boards) you agree to use any of these in accordance with the following Rules:

About your posts and contributions:

• Must be civil and tasteful;
• Rude or abusive behaviour (flaming or trolling) is strictly prohibited - postings must be constructive and polite, not mean-spirited or posted with the intention of causing trouble;
• Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable and not allowed;
• Be patient - users of varying ages and abilities may be taking part in the relevant forum;
• No spamming - don't cross post your messages to more than one discussion;
• No advertising allowed;
• No impersonation. Adopting an inappropriate user name (one that is vulgar, offensive, etc.) is also unacceptable and not allowed;
• Must be relevant to subject matter and other contributions;
• Actio reserves the right to delete any posting, at any time, for any reason.

About the law:

• You may not post any defamatory or illegal material of any nature on any of Actio's web site forums. This includes text, graphics, video, programs or audio. Posting a message with the intention of committing an illegal act is strictly prohibited.
• You agree to only post materials to which you have the copyright or other permission to distribute electronically. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.

If you're under 16:

• Actio does not target its web sites to children under 16.
• Please get your parents' permission before taking part in any Actio forum discussion.
• Never reveal any personal information about yourself (for example, your telephone number, home address or email address).

If you breach any of these Rules:

• If you fail to abide by any of these Rules (and/or the overall Terms), you shall be formally warned by email. This warning may also include a temporary suspension of your ability to participate in any or all of Actio's forum areas. If after this warning you continue to breach these Rules, you shall be prohibited from using Actio's forums for an extended period of time. If you post or send offensive or inappropriate content anywhere on or to Actio forums and Actio considers such behaviour to be serious and/or repeated, Actio may use whatever information is available to it about you to stop any further such infringements. This can include informing relevant third parties such as your employer or email provider about the infringement/s.
• Any posting breaching the Rules shall be removed.

Obligations for Linking to Actio's Web Sites

Anyone linking to any of Actio's web sites must comply with these 'Obligations for Linking to Actio's Web Sites' and all applicable laws.

A site that links to any of Actio's web sites:

• May link to but not replicate Actio's content
• Should not create a browser or border environment around Actio's content
• Should not imply that Actio is endorsing it or its products
• Should not misrepresent its relationship with Actio
• Should not present false information about Actio products or services
• Should not use Actio's trademarks (including logos) without first obtaining written permission from Actio
• Should not contain content that could be construed as distasteful, offensive, illegal, or controversial, and should contain only content that is appropriate for all age groups.

General

Actio Limited (Registered in England No 3590353 Registered office: 1 Church End Syresham Northants NN13 5HU) administers this web site from its offices in England, United Kingdom ("UK"). Actio makes no representation that content, downloads, links, products or services at any of Actio's web sites are appropriate or available for use outside the UK, and access to them from territories where the contents are illegal is prohibited. You may not use or export or re-export the content, downloads, or services at this web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation UK export laws and regulations. If you choose to access this web site from outside the UK, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms shall be governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of laws.

Actio's obligations with respect to its products or services are governed solely by the agreements under which they are provided. If you obtain a service or product from Actio from any of its web sites that is provided without an agreement, that service or product is provided "AS-IS" with out any warranties whatsoever, express or implied, and your use of that service or product is at your own risk.

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this web site. If there is any conflict between these Terms and specific Terms appearing elsewhere on any of Actio's web sites then the latter shall prevail.

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of English law, then to the extent in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms shall be governed by and interpreted in accordance with the laws of England.

Revised - 28th March 2007