Homestead Terms of Use
The following terms and conditions (the "Terms" or "Agreement") govern all use of the Homestead America Ltd website at https://www.homesteadcos.com (the "Website" "Site"), its sub-domains, affiliated websites and applications, any mobile version and the products and Services made available on or through the website (collectively, the "Service" or "Homestead Service"). The Service is owned and operated by Homestead America Ltd, ("Homestead"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available on the Service from time to time.
These Terms, together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."
Certain services we provide to you may be subject to additional terms and such additional terms will be presented to you when you use such service. If the terms and conditions herein this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall be superior and shall control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into these Terms.
Please, read these Terms, Agreement and any additional terms applicable to your use of the Services before using it. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.
Throughout these Terms, we use "Homestead," "we," "us," and "our" to refer to Homestead, offering our Services to you. "You" means the organization you represent in accepting these Terms or, if that is not applicable, "you" refers to you as an individual who makes use of the Homestead services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Changes to this Agreement
We may update these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the updated Terms on the Service ("Update Notice") or through other communications, such as the email address registered in your account. It's important that you review the Terms whenever we modify them because if you
continue to use the Services after we have posted updated Terms on the Service, you are indicating to us that you agree to be bound by the updated Terms. Supplemental terms and conditions or documents that may be posted on the service from time to time are hereby expressly incorporated herein by reference.
The contents of the Service may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this website, you agree to be bound by any such revisions.
Because our Services are evolving, over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
2. Intellectual property rights, license, and restrictions
a. Intellectual property rights: This Service is controlled and operated by Homestead and all material on the Services, including but not limited to software, images, illustrations, user interface, text, scripts, graphics, audio clips, video clips, and other interactive features (collectively the "Homestead materials"), made available to you on the Services. Logos, trademarks, and service marks contained herein, are owned by Homestead. Other service marks, logos, and names on this Site are the property of their respective owners. Any use of the Services or the contents made available to you on the Services other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, but without limitation to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Homestead at any time without notice and with or without cause.
b. License and restrictions: As an authorized user and subject to your compliance with these terms as expressly stated herein and your payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the software and services provided in connection with the Service solely for your own use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service or any documentation provided by us, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Homestead may change, discontinue or suspend the Service, including the availability of any feature, content, or database, at any time, with or without notice. Homestead may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that Homestead may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service and the maximum storage
space that will be allocated on your behalf on Homestead's servers. You agree that Homestead has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
3. User representation and acceptable use
Although we are committed to providing a safe user experience, we do not guarantee that the site, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree to access and make use of the services for lawful purposes only and hereby represent, warrant, and agree that no materials of any kind submitted, posted, or shared by you through the service will be in violation of the rights of any third party including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
a. You shall not host, display, upload, modify, publish, transmit, update, or share any content or information that:
i. belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content such as providing links to them, providing information about them;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
iii. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
iv. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
v. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
vi. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
vii. tries to gain unauthorized access or exceeds the scope of authorized access to the Services or to profiles, blogs, communities, account information, bulletins, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
viii. interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
ix. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms.
x. solicits gambling or engages in any gambling activity that we, in our sole discretion, believe could be considered illegal.
b. You shall not use any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
c. You shall not attempt to buy any prohibited products through Homestead's Services.
d. You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered, by hacking, password "mining" or any other illegitimate means.
e. You shall not attempt to encourage, permit, or allow other users of the Services to do anything that is prohibited or anything that violates the terms of this Agreement.
f. You shall not use our Services for fraudulent or illegal purposes or in connection with a criminal offense or any other unlawful activity.
g. You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Services, or any other customer, including any account on the Services not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
h. You shall not attempt to obtain another user's account username, password, or other security information.
i. You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
j. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
k. You shall not use our Services for any other purpose that is other than what is intended by Homestead as described herein.
The content you access: It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Services, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Services. Please carefully select the type of information that you publicly disclose or share with others on the Services.
4. User content
Users, publishers, and third parties make some of our Services' content available. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Homestead reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
a. Content you submit
Subject to the limitations set forth herein, our Services may contain blogs, pages, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services.
User Contents and submissions are the contributions of independent users not affiliated with Homestead, whose opinions are their own. Homestead does not guarantee the accuracy, integrity, or quality of users' opinions and advice posted on the site. Your use of any user submission provided on the Service is at your own risk.
You also agree only to post User Contents to Homestead if you know you have the necessary rights to do so. By uploading a User Content, you represent and warrant that (i) you own or otherwise control all of the rights to such User Content; (ii) that the User Content is accurate; (iii) that the use of such submission does not violate this Agreement and will not cause injury to any person or entity, and (iv) that you will indemnify Homestead for all claims relating to such submission.
Unless we indicate otherwise, by posting or submitting such User Content to the Services, you grant Homestead a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Homestead and its affiliates are free to use any ideas, concepts, or know-how contained in your content for any purpose whatsoever, including, but not limited to, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
b. Monitoring your User Content
We may, but are not obliged to monitor the use of any feature made available to you for use from time to time. However, we still rely on you to inform us of any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged, or abused in our community or via our communication
systems or if you believe any infringement of your rights may have occurred through Homestead, please get in touch with us.
Homestead is not in any way involved in any arrangements made between Users. Any postings on Homestead and the uploading of any photos, pictures, videos, animations, or other audio-visual material to Homestead by users of the Services does not constitute any form of recommendation, representation, endorsement, or arrangement by Homestead. In particular, we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement, or its quality or safety. Get in touch with us if you have any concerns about the content of any information seen on the Service.
You also understand that any information posted via the Service or other communication features made available to you on the Homestead Services is the opinion of the person posting such User Content or information. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.
We reserve the right (but we are not obliged) to do any or all of the following:
i. investigate a claim that any one or more items of content do not comply with the acceptable use rules set out herein this Agreement or as may be determined in our sole discretion to remove or request the removal of the content;
ii. remove without notice any content that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms;
iii. terminate a user's access to post content;
iv. monitor, edit, or disclose any content; edit or remove any content posted on Homestead, regardless of whether such content breaches these Terms;
v. suspend or terminate your access to Homestead.
5. Rights that you grant us over your content
Some of our services allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Granting us a license to make use of your content does not deprive you of the rights you have over such content; you own the intellectual property rights in any such content that you create and share on Homestead. This implies that when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
This means, among other things, that you will not be entitled to any compensation from Homestead, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services.
In addition, you agree that we and our affiliates:
a. are allowed to retain and continue to use your content after you stop using Homestead;
b. may be required to retain or disclose your content: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal processes; (iii) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
c. may be required to retain or disclose your content in order to enforce these Terms or to protect any rights, property, or safety of ours, our affiliate companies or other users of Homestead.
You understand that even if you seek to delete your content from Homestead, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of your content that you have made public via Homestead.
While we are not required to do so, we reserve the right to block or remove your content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate your content's visibility, status, or rank on Homestead.
You alone remain responsible for the content you create, upload, post, send or store through the Service.
6. Your safety; interaction with other users
The Services may allow you to interact with other users in person or online. Although Homestead strives to encourage a respectful member experience, Homestead is not responsible for the conduct of any member on or off of the Services that we provide. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.
By making use of the Services, you understand and agree that we have the right to monitor your access and use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We also have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the terms herein.
7. Non-discrimination policy
Homestead prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Homestead wants all of our users to feel safe and welcome, and we do not tolerate any conduct that we determine to be discriminatory.
8. How we communicate: consent to electronic transactions, communication and disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from Homestead to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Homestead service and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
Consent to monitoring and recording of calls: Homestead may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between Homestead and any user will be confidential.
Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the Homestead Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Homestead service.
9. Copyright infringement and DMCA notification
Homestead respects the intellectual property of others and asks its users of the Services to do the same. Homestead's Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Homestead has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you believe that your copyrighted work has been copied and is accessible on any of Homestead's Services in a way that constitutes copyright infringement, please notify us by sending us an email at compliance@homesteadcos.com.
Notification of alleged copyright infringement
In order to be valid, the notification must be in writing and must contain the following information:
a. a description of the copyrighted content or other intellectual property that you claim has been infringed;
b. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
c. a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
d. your address, telephone number, and email address;
e. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
f. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Counter-notification of alleged copyright infringement
If you believe that your content on the Homestead Services was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and send to our email at compliance@homesteadcos.com.
a. your name, telephone number, email address and physical address;
b. a description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
c. a statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material in question; and
d. your electronic or physical signature.
Upon receipt of a counter-notice from you, Homestead may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that Homestead may restore the disabled content. unless the complaining party files an action seeking a court order against Homestead, the disabled content may be restored by Homestead.
10. Feedback and comments
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Homestead or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the Homestead Services by using the Feedback at Homestead's sole discretion.
Homestead is not legally responsible for any feedback posted or made available on the Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from
abuse, Homestead reserves the right (but is under no obligation) to remove, edit, move, delete, analyze, evaluate and monitor such posted user content, feedback or information that, in Homestead's sole judgment, violates its terms or negatively affects our Services, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Homestead.
You understand that your feedback content shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any feedback content to the Homestead's website, Homestead will treat such feedback content as non-confidential. User hereby grants Homestead, its affiliates, and marketing partners, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers) and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such feedback, in whole or in part, including existing and future rights that Homestead (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all Content in connection with the sale of products through the Homestead Services and for the real estate listing, advertising, marketing and promotion of such products or the Services, including without limitation, through the Homestead Site, third party websites, email, social media or any other medium. User agrees that Homestead may permit users of the Homestead Services to share and post content on their own social media outlets.
11. Violations and reporting violations
Users of the Service may receive a warning to their account for violations of any of these terms or for any user misconduct reported to us. A warning may be sent to the email address attached to the user account. Warnings do not limit account activity but can lead to the user's account being suspended or becoming permanently disabled based on the severity of the violation.
If you come across any content that may be in violation of these Terms, you should report it to us immediately so that we can take appropriate actions. All cases are reviewed by our team. To protect individual privacy, the results of the review may not be shared and you understand that except as required by law, you understand and accept that we are not obligated to take action in response to any report. You can review our Privacy Policy for more information on our disclosure practices.
12. Third-party links, resources and services
Some links on the Services may allow you to leave the platform. The linked sites and services are not in any way under the control of Homestead, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.
However, you understand that Homestead is not responsible for any transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.
You understand that any content or information made available or expressed by a third party on the Homestead platform is that of the respective owner(s) and not ours. Homestead neither approves nor is responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the Site by anyone.
13. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms. Please be advised that the site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
14. Warranty Disclaimer
The contents of our Services have been compiled by us from internal and external third-party sources. While we have made attempts to provide accurate and valid information on our Services, no representation is made or warranty given as to the validity, completeness, availability, timeliness, security, reliability or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.
Our Services and the site services are provided "as available" and on an "as-is" basis. Homestead makes no warranties of any kind, expressed or implied. We strive to provide our site 24 hours a day 365 days a year, but we do not guarantee that our site will always be available. Homestead will not be liable for any loss due to our site not being available. Homestead will not be liable for any loss due to errors in our software or the software of others that we use.
To the fullest extent permissible by applicable law, we disclaim all responsibility, liability, representations, and warranties of any kind, express or implied for: (i) operation, accessibility, or security of this Service, and the accuracy, completeness, availability, timeliness, currency, or reliability of any of the content or data found on our Services, (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and numerous factors outside our control may interfere with our services. Your use of the Services that we offer is at your sole risk.
In the event that a dispute arises between users of the Services, each party agrees to release Homestead from any and all forms of demands, claims, and damages (actual and consequential, known and unknown, disclosed and undisclosed, suspected or unsuspected) arising from such dispute because Homestead is merely providing a platform for the user. Homestead is not involved in the transaction between users of the Services.
15. Limitation of Liability
To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall Homestead or any of its employees, directors, officers, agents, or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the Services, or from your reliance on any information provided on the Services, even if we have been advised of the possibility of such damages.
IN NO EVENT SHALL HOMESTEAD OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HOMESTEAD SERVICES, PRODUCTS OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN ADDITION, HOMESTEAD SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USER'S ACCESS OR INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).
16. Indemnification
You hereby agree to indemnify, defend, and hold harmless Homestead, our Affiliates and each of their respective stakeholders, and our respective directors, officers, employees, representatives, and agents (each an "Indemnitee") from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:
a. your use or misuse of or inability to use the Homestead Services,
b. your violation of this Agreement,
c. your violation of any applicable law or regulation;
d. your violation of the rights of another, and
e. your information and content that you submit or transmit through the Homestead Services.
Homestead reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Homestead.
17. Agreement term and termination
This Agreement is effective until terminated by either you or Homestead. You agree that Homestead, at its sole discretion, may terminate your access to or use of the Homestead
Services, at any time and for any reason, including without limitation if Homestead believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth herein this Agreement). Upon any such termination, your right to use the Homestead Services will immediately cease. You agree that any termination of your access to or use of the Homestead Services may be effected without prior notice. You agree that Homestead shall not be liable to you or any third party for any termination of your access to the Homestead Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Homestead reserves the right to take steps that it believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Homestead's website and/or a third-party claim that your use of the Homestead Services is unlawful or violates such third party's rights).
18. Choice of Law and Jurisdiction
These Terms and your use of the service shall be governed by and construed in accordance with the U.S. Federal Arbitration Act, federal arbitration law, and laws of the State of Ohio, without regard to its conflict of law principles. Except as otherwise expressly set forth in the "Dispute Resolutions; Arbitration" Section below, any legal action or proceeding arising under this Agreement shall be brought exclusively in courts located in Columbus, Ohio, or federal court for Columbus, OH, and the parties hereby irrevocably consent to the personal jurisdiction and venue as provided in this Agreement.
19. Dispute Resolution; Arbitration
a. Informal negotiations
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) ("Dispute"), you as a user of the Homestead Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at compliance@homesteadcos.com to address any concerns or questions that you may have regarding your use of the Homestead Services.
b. Agreement to Binding Arbitration
You and Homestead agree that any dispute will be settled by binding arbitration in the event that informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action").
All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Homestead Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The
arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.
c. Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
d. Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.
e. Class action and class arbitration waiver
You and Homestead agree to the fullest extent permitted by applicable law, 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. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
20. Survival
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or Homestead from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
21. General Provisions
a. Severability Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
b. Waiver No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
c. Assignment A user may not assign these Terms, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized representative of Homestead. We may freely assign this Agreement and the other Terms without the User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the parties' successors, heirs, and permitted assigns.
d. Notices
Any notices or other communications provided by Homestead under these Terms, including those regarding modifications to these Terms, will be given: (i) by Homestead via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
e. Force Majeure
Notwithstanding the other provisions of this Agreement, if either party is in good faith prevented from performing its obligations under this Agreement because of an event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of god, terrorism, earthquake, accident, explosion, fire or flood, such Party will promptly notify the other Party, and while so affected, the affected Party will be relieved from performing its obligations provided that, the Party affected will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
Homestead also reserves the right to modify, suspend, or cease to operate entirely in the event where operations become inoperable. We shall not be liable to you for any liability or impact that any of such modifications to, or cessation of the Homestead Services may have on you.
f. Website crashes, outages, or downtime
Homestead does not warrant that the Services will be uninterrupted or available at all times and as such, unscheduled and scheduled interruptions may occur. From time to time, interruptions, delays, crashes, outages, errors or other hindrances in providing the Services may occur due to a variety of factors, of which some may be outside of Homestead's control, and some which may require or result in scheduled maintenance or unscheduled downtime of the site or the Services in general (collectively, "Downtime").
In the event of scheduled maintenance or downtime, users may be notified, and we shall endeavor to complete such scheduled maintenance as quickly as we can. However, in the event of an unscheduled downtime such as a crash, we shall endeavor to reasonably resolve such a problem and restore the service as quickly as we can. During these unscheduled or scheduled downtimes, users may be unable to transmit or receive data through the Services. You understand and acknowledge that part or all of the Services may be unavailable during any such period of downtime, and you acknowledge
that Homestead will not be liable or responsible to you for any inconvenience or losses in any way to you as a result of such downtime or loss of user contents temporarily or permanently.
g. Entire Agreement
These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
22. Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please get in touch with us at compliance@homesteadcos.com.