Terms of Service

1. INTRODUCTION

Welcome to Hom!

Please read these Terms of Service (the “Terms of Service” or “Agreement”) carefully as this is a binding agreement between Hom Network, Inc., its affiliates, and any of its or their respective successors or assigns (“Hom”, “we”, “our”, or “us”) and you (“you” or “your”).

These Terms of Service apply to your access to, and use of the Hom website, software, applications, technology, tools, services, and functionalities made available to you by us (the “Services”).

The Services are offered to you by Hom. However, we may utilize third party development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, provision, publication or exploitation of the Services or otherwise make available their third party software, products, or services. Our Third Party Providers each operate independently of Hom and we are not responsible for their actions or inactions or for their materials, software, products, or services, as further detailed herein.

By accessing or using the Services in any way or clicking on the “I Accept” or similar button, you represent and warrant that: (i) you have read and understand these Terms of Service, (ii) you accept without modification and agree to be bound by these Terms of Service (iii) you are of legal age to form a binding contract with Hom, and (iv) you have the authority to enter into and agree to these Terms of Service personally or on behalf of the company, entity, or organization (“Subscribing Organization”) you have designated as the user of the Services, to bind that Subscribing Organization to these Terms of Service and to grant the licenses set forth herein. In addition, we require your express acceptance to these Terms of Service when you register an account to access and use the Services.

If you do not agree to be bound by these Terms of Service, or if you are below the age of legal majority where you reside, then you are not permitted to access or use the Services or register for access or use of the Services. Accordingly, if you do not agree to these Terms of Service do not access or otherwise use any of the Services.

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (SEE SECTION 15) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Services. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to your use of such Services. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the “Terms of Service.”

If you are an enterprise level client and have entered into a separate enterprise agreement with Hom, the terms of that agreement will supersede and control to the extent of any conflict with these Terms of Service.

You agree that the form and nature of the Services may change without prior notice or liability to you and that future versions of the Services may be incompatible with content and data created on previous versions of the Services. You further agree that Hom may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Hom's sole discretion, without prior notice or liability to you. We may amend any of the terms of these Terms of Service by posting the amended terms. If you do not agree to any such change(s), you must stop using the Services. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE. For example, we may make changes to these Terms of Service or Services due to: (i) changes to the law or regulatory requirements, (ii) security or safety reasons, (iii) circumstances beyond our reasonable control, (iv) changes we make in the usual course of developing our Services, or (v) to adapt to new technologies.

You agree that Hom is not obligated to provide any maintenance, technical or other support for the Services. However, you may ask us any questions by contacting us at terms@welcome-hom.com.

2. MINORS AND BLOCKED PERSONS

The Services are not available to persons under the age of legal majority in your jurisdiction of residence.

The Services are only currently available to residents of the United States of America and where legally applicable. Accessing the Services from jurisdictions where we do not offer the Services, is prohibited.

The Services are also not available to any users previously removed from the Services by Hom or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.

3. PRIVACY

Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services. The Services are subject to the Privacy Policy and by using the Services, you consent to our collection, use, and sharing of your information as set forth therein.

4. USE OF SERVICES; SERVICES DISCLAIMERS

You may access and use the Services either as a “Doer” or a “Dreamer.” A “Doer” is a skilled professional offering services such as architecture, design, construction, planning, or related trades. A “Dreamer” is someone seeking to shape a space through renovation, design, event planning, or other home-centered projects and may include homeowners, renters, family members, hosts, or others initiating a project through Hom. Hom's Services enable connections, communications, and payments between Doers and Dreamers so that Doers and Dreamers may engage in certain projects related to a home.

You acknowledge and agree that a separate legally binding contract between a Doer and Dreamer (“Project Services Agreement”) is formed when a Doer and a Dreamer agree on the terms of the professional services for a particular project through the Services. The Doer may upload its form of Project Services Agreement that contains the terms and conditions in connection with the Doer's professional services directly on the Services, which may include certain milestone payments or payment schedules. The terms of the Professional Services Agreement include the terms set forth in this Agreement, the project engagement terms proposed and accepted between the Doer and Dreamer on the Services, and any other contractual terms accepted by both the Doer and Dreamer to the extent such terms do not conflict with the terms in this Agreement. IF YOU ARE A DREAMER, PLEASE READ THE APPLICABLE PROJECT SERVICES AGREEMENT FOR EACH PARTICULAR PROJECT CAREFULLY BEFORE YOU ACCEPT AND PROCEED WITH A PROJECT – BY ACCEPTING AND PROCEEDING YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE PROJECT SERVICES AGREEMENT APPLICABLE TO YOUR PROJECT. All payments for projects must be handled through the Services. Failure to process payments through Hom may result in account suspension or removal. Any changes to project scope must be documented and agreed upon through the Services as an amendment to the Project Services Agreement before becoming effective.

Hom is not a party to any Project Services Agreement and the formation of the Project Services Agreement will not, under any circumstances, create an employment or other service relationship between Hom and the Doer. Neither the Doer nor the Dreamer have authority to enter into written or oral (whether implied or express) contracts on behalf of Hom.

DOERS ARE INDEPENDENT BUSINESS OWNERS AND ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF HOM. HOM DOES NOT PERFORM THE PROFESSIONAL SERVICES OFFERED BY DOERS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SUCH PROFESSIONAL SERVICES.

YOU HEREBY ACKNOWLEDGE THAT HOM SIMPLY FACILITATES THE CONNECTION BETWEEN DOERS AND DREAMERS AND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A DOER'S PROFESSIONAL SERVICES AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE PROFESSIONAL SERVICES PERFORMED AND PROVIDED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Doers may be subject to a review process before they can register for and during their use of the Services, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate (“Background Checks”). Although Hom may perform Background Checks, Hom cannot confirm that any Doer is who they claim to be, and Hom cannot and does not assume any responsibility for the accuracy or reliability of Background Check information, if any. Any reference on the Services to a Doer being licensed or credentialed in some manner, or “vetted,” “verified,” “certified” (or similar language) designations indicates only that the Doer has completed a relevant account registration process or met certain criteria and does not represent anything else.

You must first register with us and create an account (“User Account”) in order to access certain Services. To establish a User Account, you may be required to provide Hom with certain personal information, including without limitation, your first and last name, e-mail address, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Hom reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.

You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at terms@welcome-hom.com.

Unless expressly permitted in writing by Hom, you may not sell, rent, lease, share, distribute or provide access to your account or our Services to anyone else, including without limitation, charging anyone for access to administrative rights on your account, or allowing a third party to use your account and the Services. Hom reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HOM.

By creating a User Account or signing up for Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (i) notices about your use of the Services; (ii) updates to the Services and new features or products; (iii) administrative messages and other information; and (iv) advertising, marketing, and other materials regarding Hom's products and services. Please review your settings in your User Account to control the service notifications you receive from us. You may unsubscribe from commercial content at any time by emailing us at terms@welcome-hom.com.

In addition to the representations and warranties otherwise included herein, all users (including Doers and Dreamers) represent and warrant that:

• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of users and will not record (whether video or audio or otherwise) any interaction by or with any user without the prior written consent of the relevant user;
• You will fulfill the commitments you make to other users, communicate clearly and promptly, be present and/or available at the time you agree upon;
• You will act professionally and responsibly in your interactions with other users;
• You will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;

If you are a Doer, you agree and further represent and warrant:

• You are customarily engaged in an independently established business of the same nature as the services performed for Dreamers through the Services and maintain an independent business;
• You have the unrestricted right to work in the jurisdiction in which you will be performing professional services;
• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking professional services if such license is applicable to the services you are performing;
• You have any and all insurance required to operate your business and provide your services;
• You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws;
• You will provide regular updates on project milestones via the Services;
• Your profile and the information you have provided, including licenses, insurance, and business credentials, are true and correct and original to you.

5. AI DISCLOSURE; USER CONTENT

THE SERVICES UTILIZE VARIOUS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND LANGUAGE LEARNING MODEL TECHNOLOGIES TO TAKE CONTENT PROVIDED TO THE SERVICES BY YOU (“INPUT”), INCLUDING YOUR PERSONAL INFORMATION, TO GENERATE CERTAIN RESULTING OUTPUT THROUGH THE SERVICES (“OUTPUT”). Input and Output are collectively “Content.”

You are solely responsible for Content, including ensuring that it does not violate any applicable law, the rights of any third-party, or these Terms of Service. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. You acknowledge and agree that artificial intelligence, machine learning, and language learning models are rapidly evolving fields of study. Given the probabilistic nature of artificial intelligence, machine learning, and language learning models, the use of the Services may, in some situations, result in a response or Output from the Services that does not accurately reflect real people, places, or facts. When using the Services, you understand, acknowledge and agree:

• Output may contain errors and misstatements, may be biased, inappropriate, incomplete, or inaccurate.
• You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
• The Services may provide incomplete, incorrect, or offensive Output.
• If Output references any third-party products or services, it doesn't mean the third party endorses or is affiliated with Hom.

You are solely responsible for including implementing reasonable practices and human oversight to guard against Outputs being used in an unsuitable or unlawful way or in violation of the rights of others. You will not use the Output in violation of acceptable use provisions or policies relating to artificial intelligence that we may make available to you in writing from time to time.

As between you and Hom, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

The Services, including any Content, materials, matches, or lists generated by the Services are for informational purposes only. They are not intended to provide professional advice. They are not intended to be interpreted as a recommendation for any particular plan or action. YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN DETERMINATION THAT THE CONTENT, MATERIALS, MATCHES, OR LISTS ARE SUITABLE, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH CONTENT, MATERIAL, MATCH, OR LIST. If you are a Doer, you are solely responsible for your decision to provide professional services to a Dreamer. If you are a Dreamer, you are solely responsible for your decision to receive professional services from a Doer.

In addition, the Services may allow you to upload and distribute content or to post, transmit, perform, or store content, or other data or materials on the Services, including, without limitation project proposals, messages, reviews and services descriptions (“User Content”).

To the extent permitted by applicable law, Hom takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Hom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Hom is not liable for any statements or representations included in User Content. Hom does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Hom expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.

License to Hom

Unless otherwise agreed to in a written agreement between you and Hom that was signed by an authorized representative of Hom, if you submit, transmit, display, perform, post, or store User Content using the Services, you grant Hom and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Hom and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (II) defame any other person; (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or confidential information of any third parties. Hom reserves all rights and remedies against any users who breach these representations and warranties.

Content is Uploaded at Your Own Risk

To the furthest extent permitted by applicable law, you hereby agree that Hom shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Hom for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HOM HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

6. THIRD PARTY PROVIDERS

While using our Services, you may connect with and/or interact with Third-Party Providers including, without limitation, payment processing providers, data processing and visualization providers, customer service specialists, and social media providers. Upon your request, Hom will use best efforts to integrate information you provide to us from Third-Party Providers into the Services and your User Account. When accessing or linking any services, you will at all times be subject to such Third Party Providers' terms of service and privacy policies.

YOU ACKNOWLEDGE AND AGREE THAT HOM HAS NO CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY PROVIDERS TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES – INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION – EVEN IF HOM INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS AND SERVICES OF SUCH THIRD PARTY PROVIDERS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE HOM AND HOLD HOM HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDERS' OFFERINGS, SERVICES, MATERIALS, TERMS OF SERVICE, PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES.

HOM DOES NOT MAKE ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE.

YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE HOM AND HOLD HOM AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDER'S ACTS, OMISSIONS, COMMUNICATIONS, ADVICE, DELAYS, SERVICES, MATERIALS, AND/OR OFFERINGS.

7. SUBSCRIPTIONS; BILLING AND PAYMENTS

Hom provides the Services through your specific plan, which will be identified through the Services and made available when you register and/or order or pay for the Services (the “Order Page”). Your permitted scope of use and contractual usage limit is dependent upon the agreed plan that you select and will be specified on your Order Page.

You agree to pay the fees and deposits applicable to you as displayed on our current pricing page and/or as agreed upon by you on the applicable Order Page when you purchase the Services, as well as any other fees applicable to you in connection with the Services, including payments for project milestones (“Fees”). You agree that if you exceed any contractual usage limits, you will pay the applicable additional Fees at then-current applicable rates covering such overages and variable usage and/or excess usage.

Certain Services are provided on a subscription basis for a set term designated on the applicable Order Page (each, a “Subscription Term”). Unless otherwise specified on the applicable Order Page, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least seven (7) days prior to expiration of the then-current Subscription Term. If you do not cancel your subscription or terminate your User Account during the renewal period, we will charge you for any renewal term upon the applicable anniversary of a Subscription Term.

For purchases of Services, you must provide our Third Party Providers for payment services (e.g. Stripe) with current, complete, accurate and authorized payment method information. You authorize us via our Third Party Providers to automatically charge your provided payment method the Fees for the Services.

All Fees for Services shall be paid for in accordance with the payment terms set forth on the Order Page. You are solely responsible for ensuring all credit card or payment information associated with your User Account is current and up to date. You also authorize us to charge any payment method associated with a User Account in case the primary payment method is declined or no longer available for payment of the Fees. You remain responsible for any uncollected amounts.

You understand that failure to pay any charges or Fees may result in Hom suspending, terminating, or cancelling your access to the Services, in whole or in part, without any liability. Hom is under no obligation to provide any refunds.

Hom reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Services, we agree that the Fee will remain in force for that duration. Upon renewal, your use of the Services will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Services and cancel through the User Account settings within the Services or by contacting us at terms@welcome-hom.com. If you cancel, your Service ends at the end of your current Service period/Subscription Term or payment period, and no refunds for previously paid services will be issued.

From time to time, we may offer a trial subscription to the Services where you may use the Services in accordance with these Terms of Service for the limited trial period designated on the Order Page (the “Trial Period”). Trial subscriptions are permitted solely for your use to determine whether to purchase a Paid Subscription. If you do not upgrade to a paid subscription at the end of the Trial Period, then your access to the Services may be limited, downgraded to an unpaid subscription, or terminated (to be determined at Hom's sole discretion). Hom has the right to suspend or terminate a trial subscription at any time for any reason.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the Services. All Fees shall be paid in US Dollars. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.

8. SERVICES LICENSE

The Services are owned and operated by Hom. Unless otherwise expressly indicated herein, the Services and all content and materials therein are protected by relevant intellectual property and proprietary rights and laws and are the property of Hom or its subsidiaries or affiliated companies and/or third-party licensors and, except as otherwise expressly indicated herein, all legal right, title and interest in and to the Services and all content and materials therein, including any and all Intellectual Property Rights thereto, are vested in Hom. “Intellectual Property Rights” mean any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

Unless otherwise expressly stated in writing by Hom, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for your personal use or internal business use only. Hom reserves all rights not expressly granted in these Terms of Service.

The Hom logos, and any other product or service name, logo, or slogan used by Hom, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Hom, and may not be used in whole or in part in connection with any product or service that is not Hom's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hom, without our prior written permission.

All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

9. IDEA SUBMISSION

If you send us suggestions, ideas, notes, drawings, concepts, feedback or other information regarding our Services (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Hom in perpetuity. By making any Submission, you automatically grant Hom the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Hom chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. You further waive all so-called “moral rights” in all Submissions as well as the right to make any claims against Hom relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

10. PROHIBITED CONDUCT

YOU AGREE not to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct, actions, and inactions while on the Services.

You agree that you will comply with these Terms of Service and will not (and will not assist or permit any third party to):

• create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
• impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission;
• delete, remove, circumvent, bypass, disable, damage, or otherwise interfere with security-related features of the Services;
• send junk mail or spam to users of the Services;
• harvest or collect email addresses or other contact information of other users from the Services;
• access any website, server, software application, or other computer resource owned, used, and/or licensed by Hom, by means of any robot, spider, scraper, crawler, or other automated means;
• defame, harass, abuse, threaten, or defraud users of the Services or third parties;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of underlying components of the Services;
• modify, adapt, translate, or create derivative works based upon the Services;
• interfere with or damage the operation of the Services;
• use the Services for any illegal purpose;
• use the Services for comparative analysis, benchmarking or to build a competing service.

11. TERMINATION

Subject to the terms and conditions of these Terms of Service, you may terminate the Services and your User Account by sending an email to terms@welcome-hom.com or by following the prompts for termination within the Services.

To the fullest extent permitted by applicable law, Hom reserves the right, without notice and in our sole discretion, to suspend or terminate your license to access and use the Services, to delete your User Account, and to block or prevent your future access to and use of the Services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Hom in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

12. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Hom, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein.

13. DISCLAIMERS; NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS, AND ERRORS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND; (II) HOM DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (III) HOM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (IV) HOM DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (V) HOM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS; AND (VI) HOM DOES NOT REPRESENT OR WARRANT THAT IT WILL PRESERVE OR MAINTAIN THE SOURCE ACCESS INFORMATION, INPUT, OUTPUT, CONTENT, OR OTHER USER DATA WITHOUT LOSS. USE OF THE SERVICES IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS WHICH YOU TAKE BASED OFF OF THE INFORMATION OBTAINED FROM THE SERVICES.

14. LIMITATION OF LIABILITY AND DAMAGES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL HOM OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOM EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

UNDER CALIFORNIA CIVIL CODE SECTION 1542, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING HOM, OUR SERVICES, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND HOM.

15. APPLICABLE LAW AND VENUE; ARBITRATION

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HOM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HOM.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Hom agree to first attempt to negotiate any Dispute informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sacramento, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures.

To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service to be arbitrated on a class action basis; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND HOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

YOU AND HOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. MISCELLANEOUS

Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

Severability

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Notice

In accordance with provisions in this Terms of Service requiring Hom to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account. Any provisions in this Agreement requiring you to give notice to Hom can be done so by means of email to: terms@welcome-hom.com

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hom without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 4-15.

Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content that we believe violates these Terms of Service or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Hom Network, Inc.
terms@welcome-hom.com
Attn: Copyright Agent

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

Entire Agreement

The Terms of Service is the entire agreement between you and Hom relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Hom as set forth herein.