The Homely Company Terms of Use & Privacy Policy.
The Homelyco.com website (the “Site”) contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, the “Terms”). Your use of the Site constitutes your express agreement to these Terms and you represent that, if applicable, you are, as an individual, at least 18 years old and competent to enter into an agreement to use the Site offered by the Company.
Homelyco.com reserves the right to change the Terms at any time and for any reason. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Company reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits, rules or conditions, all without notice, even though such changes may affect the way you use the Site. The Company reserves the right to block or terminate your Site access at any time without notice. You agree that the Company will not be liable to you or any third-party for any modification of the Terms or modification to or discontinuance of the Site or the termination of your Site access.
Use of Materials:
Any content or messages that you post, transmit, or otherwise make available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you. You understand and agree that any such content and messages may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your content, messages and any other content provided to the Site by you, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Termination of Access:
The Company has the right terminate your access for any reason at any time. You expressly agree that the Company shall not be liable for any consequences that result from any such termination and agree that following such termination you will immediately discontinue use of the Site.
No Third Party Beneficiaries:
You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.
Copyright and Trademarks:
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Company or owned by other parties who have posted on the Site. Materials from the Site and from any other website owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Notification of Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us at contact@homelyco.com.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your name, address, telephone number and e-mail address;
A signed 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; and
A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Email: contact@homelyco.com (Please put Copyright Infringement in the subject line)
Content:
The Company is not responsible for the content of or claims made on the Site or websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
Shop
You may be provided the opportunity on the Site or through the Services to shop for home improvement products that are offered, sold or manufactured by third parties. Such Products may be available for purchase directly from third-parties or from homelyco.com.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of homelyco.com.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from homelyco.com is not as described, then your sole remedy is to return it in unused condition
Homelyco.com and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.
Find Pros:
Throughout the Site, the Company offers a service to assist you in finding home improvement professionals. By using such service you accept the following terms:
After you insert your name, zip code, telephone number, email address and any other information, the Company will attempt to match you with a local service professional (the “Contractor”) who might wish to perform work that you need. However, the Company does not guarantee that it will locate a Contractor who is able or disposed to provide services that match your needs. Company does not make any representations or provide any guarantees for any Contractors’ skills, representations or quality of work that may be performed by any Contractor.
While the Company’s goal is to assist you in locating a Contractor, the Company is not responsible for any of the services requested by you or the work performed on your behalf by any Contractor. The Company does not recommend or sanction any particular Contractor, as the Company is not a party to your independent agreement with a Contractor. The Contractors are not employees or agents of the Company and the Company is not an agent of the contractors.
Any agreement you enter into with a Contractor is governed solely by the terms of your agreement and by applicable federal, state or local law. In the event that you have a dispute with a Contractor, that dispute must be addressed directly with the Contractor and you agree to release the Company and its officers, directors, affiliates, employees and agents as well as any other person, firm or entity including the Company’s business partners, which may include Contractors, from any damages or claims of every kind arising out of or related to your agreement and/or dealings with a Contractor.
You agree and acknowledge that you will be liable and/or indemnify the Company and any contractor from any damages, attorney fees, costs and expenses including any regulatory or judicial fines that may be incurred in the event that you knowingly falsify information submitted to the website.
You understand and acknowledge that the Company does not guarantee that it will pre-screen Contractors and the Company makes no, and expressly disclaims any guarantees, representations or warranties whatsoever with regard to these Contractors. The Contractors are provided to you on an “as is” basis. Please confirm that the Contractor your dealing with is licensed, if necessary, and insured and you need to perform any investigation into references and background as you determine is needed.
In the event the Company is unable to match you with a Contractor, the Company reserves the right to convey your request for services and profile information to a third party. In that event you may be subject to the terms and conditions of that particular third party.We respect your privacy and want to make sure you are aware of our TCPA consent. By submitting your information you authorize Company or its partners to send you automated calls from home improvement companies that can help you with your request to the land-line or mobile phone number you provided, and you understand that they may use automated phone technology to call you and that your consent is not required to purchase products or services. Contact methods include email, calls using automated dialing system or text messaging.
Personally Identifiable Information:
The Company reserves the right to provide our advertisers or anyone else outside the Company with any information specific to you collected from the Site. The only Company employees or consultants allowed access to personal information about you are those who need to have such access. Any employee or consultant who violates our privacy and security policies is subject to disciplinary action, including possible termination or prosecution.
Please note that if you post any of your personal information on the Site, such information may be collected and used by others over whom the Company has no control. The Site is not responsible for the use by third parties of information you post or otherwise make public.
Cookies:
“Cookies” are small text files that allow Web sites to store and retrieve information about you from your computer system. The Site does serve cookies to track individual site usage for later aggregation. But we do not use cookies in order to retrieve any information from your computer other than information originally sent in a Site cookie, such as a user code. We have no control over whether and how our advertisers use cookies that originate from their websites.
Communication from the Site:
We may send you information with announcements and updates about the Site and your account. You may elect to opt-out of ongoing e-mail communication from us, such as newsletters, subscriptions, account information, promotional materials, contest results, survey inquiries, etc. by using a simple “opt out” procedure. If you wish to unsubscribe, you should click the “unsubscribe” (without the quotation marks) link in the body of your e-mail response and your name will be removed from that mailing list.
Children:
The Site is not intended for children under the age of 13 nor does the Company knowingly collect personal information from children under 13. The Company does not orient this Site toward children or target them as an audience, nor does it screen them from using the Site. Parents and guardians should take responsibility for monitoring their children’s use of the Site. The Company does not collect or distribute information indicating whether a user is a child.
Links to Other Sites:
This Site provides links and pointers to websites maintained by other organizations. The Site provides these links as a convenience to users, but it does not operate, control or endorse such sites. The Site also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. The Company does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer.
Release:
The Company assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any information, product or material contained on the Site. In addition, it does not endorse any opinions or recommendations.
You understand that the Company is not required to pre-screen, monitor or approve any Content prior to publication. You also understand that the Company has right to remove, move (including moving content to another section or category within the Site), refuse, edit or delete any Content for any reason whatsoever. The Company shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Company be liable for any goods, services, resources, content available or actions of such third party dealings or communications, or for any harm related thereto. The Company is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You agree that site is a venue for users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved in such dispute. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Site, its users and the public.
Disclaimer of Warranties for Site:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS SITE OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Company does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE’S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE COMPANY OR SITE OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Indemnity:
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Choice of Law:
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in California and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General:
These Terms constitute the entire agreement between you and the Company and govern your use of the Site, superseding any prior agreements between you and the Company You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Severance and Waiver:
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
