The Homesome, Inc. (“we”, “us”, “our” or the “Company”) Terms of Service policy (this”Agreement”) has been updated on May 4, 2022. For purposes of this Agreement: “Content”means any information, text, graphics, or other materials appearing on the Homesome websiteand associated sub-domains (the “Site”) “Services” means the services provided by Homesomethrough the Site.
This Agreement contains the complete terms and conditions that apply to your participation in the Site, Homesome. If you wish to use the Site, including its tools and services, please read this Agreement carefully. By accessing the Site or using any part of the Site or any Content or Services hereof, you agree to be bound by the terms of this Agreement. If you do not agree to all the terms and conditions, then you may not access the Site or use the Content or any Services in the Site.
Amendments to this Agreement can be made and effected by us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish a hyperlink to the appropriate part within the Site, provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices placed at the Site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the Site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Sites.
We make no express or implied warranties or representations that the operation of our site will be uninterrupted or error-free, and therefore, we will not be liable for the consequences of any interruptions or errors. this site is for informational purposes only and we intend to provide accurate and reliable information, however, errors can occur occasionally. therefore, the information, content, and services on the site are provided on an "as is" basis. we may change, restrict access to, suspend, or discontinue the site or any part of it at any time. when you use the site and or participate therein, you understand and agree that you participate at your own risk. we disclaim all warranties, express or implied, as to any matter whatsoever relating to or referenced by this site, including but not limited to the implied warranties of merchantability, fitness for any particular purpose or need, or accuracy and noninfringement.
Any trademarks, logos and service marks ("Marks") displayed on our Site are the property of the Company or other third parties. You may not use these Marks without the prior written consent of the Company or such third party which may own the Mark.
You hereby acknowledge all rights, titles and interests, including but not limited to, rights covered by the intellectual property rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
At any given time, we may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in this document. Unless expressly provided in any written license agreement from the Company, the furnishing of this Site or documents contained on this Site do not give you any license to any patents, trademarks, copyrights or other intellectual property.
Not all products or services that we provide will be available in your country. Please visit our Site for more information regarding the availability of our products and services in your country.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
If you violate this Agreement, your permission to use the Site, Content, and Services will automatically terminate. Homesome reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Homesome also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice. In the event of such termination, you agree that Homesome shall have no liability to you.
You agree to defend, indemnify, and hold harmless Homesome, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of this Agreement.
To the maximum extent permitted by applicable law, neither homesome nor any other party involved in creating, producing, or delivering the site, content, or services will be liable for any incidental, special, consequential or punitive damages resulting from your access to or use of, or inability to access or use, the site, content, or services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not homesome has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. you specifically acknowledge that homesome is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. further, homesome will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service. you agree that the aggregate liability of homesome to you for any and all claims arising from the use of the site, content, or services is limited to the amounts you have paid to homesome for access to and use of the site, content, or services. the limitations of damages set forth above are fundamental elements of the basis of the bargain between homesome and you.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, U.S.A., without regard to conflicts of law rules or principles that would dictate a different governing law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Santa Clara County, California, to the exclusion of any other courts.
When you use the Service or send emails to Homesome, you are communicating with us electronically and consent to receive electronic communications related to your use of the Service. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Service or from which you otherwise email us.
Homesome shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c)quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (f) other causes beyond the reasonable control of Homesome.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, U.S.A., without regard to conflicts of law rules or principles that would dictate a different governing law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is here by irrevocably submitted to the exclusive jurisdiction of the courts of Orange County, California, to the exclusion of any other courts.
The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.