Homesteady
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Terms of Service

Effective Date: April 1, 2023

Welcome to our website and services at https://homesteadyapp.com/ (including any subdomains and related websites and pages, collectively the “Services”), but please note that your access and use is subject to your acknowledgement and agreement with these Terms of Service. Please review these Terms of Service carefully as they describe in detail your rights and our rights regarding the Services, your responsibilities regarding the Services and the conduct we expect from you when using the Services. Please also read our Privacy Policy which is incorporated in full in these Terms of Service (collectively referred to as “Terms”) and which explains how we collect, use and share your data. By accessing and/or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms in full. All references to “we”, “us” and “our” refer to Homesteady, Inc. and its subsidiaries.

Updates to Terms

We may update these Terms without notice at any time and in our sole discretion to accurately reflect the Services we provide and your access and usage rights to the Services or for legal, regulatory or other reasons. You can review the most current version of the Terms of Service at any time here. We may also change the operation and conditions of the Services in our sole discretion at any time, including modifying or discontinuing any or all portions of the Services with or without notice, and you agree that we shall not be liable to you or to any third party for any such changes. BY CONTINUING TO ACCESS AND/OR USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS, INCLUDING ALL UPDATES AND REVISIONS HEREOF.

No Attorney-Client Relationship

The Services and Products (as defined below) do not, and are not intended to, constitute legal advice and your access or use of the Services in any manner does not, and is not intended to, create an attorney-client relationship or other special relationship or privilege between you, on the one hand, and us or any of our owners, directors, officers, affiliates, business partners, service providers, employees, representatives or agents, on the other hand. We do not guarantee the legal accuracy or applicability of any advice, recommendation, contract, document or other content that is offered or produced (or the lack thereof) by the Services (“Products”). You should consult your attorney for advice regarding any specific legal matter.

Your Obligations and Responsibilities

As a condition to your access and/or use of the Services, you agree to comply with the following requirements regarding such access and use:

  • You must be at least 18 years of age to access and/or use the Services.
  • The registration and property information you have provided is true, accurate and complete. You will ensure such information is accurate and up to date.
  • You will comply with all applicable laws and regulations and will not use the Services for any illegal or unlawful purpose.
  • You will not upload, post, store, use, transmit or distribute any (1) illegal or unlawful content or content that you do not have the rights to, (2) deceptive, false, misleading, defamatory, slanderous, libelous, hateful, threatening, abusive or obscene content or content that is intended to be inflammatory, (3) virus, malware, trojan horse, worm or other type of harmful, malicious or piracy software to or through the Services, and (4) HIPAA-regulated data, including protected health information and other health, medical or patient data.
  • You will not interfere with or compromise the normal availability, functioning, operation, performance, integrity or security of the Services.
  • You will not use “scraping,” “crawling,” “robots,” “spiders,” “offline readers” or other similar technologies to probe, scan, test, access and/or use any aspect of the Services.
  • You will not hack, decipher or decrypt any transmissions to or from servers used by the Services.
  • You will not access and/or use the Services to directly or indirectly engage in, provide services to or otherwise assist any business that offers products or services that compete with our Services.

Termination

We reserve the right to, in our sole discretion and at any time without notice, suspend or terminate your account and/or your access to the Services. The suspension or termination of your account and/or your access to the Services shall not entitle you to any Losses (as defined below, and including reasonable attorneys’ fees). The suspension or termination of your account due to causes attributable to you does not relieve you from making any applicable payments to us. If your account is suspended and/or terminated by us, you may not register a new or different account using different login credentials or account information.

Intellectual Property

We own, control and/or license all right, title and interest in and to (1) the Services, (2) all proprietary or confidential data and information used by or contained in the Services (including but not limited to source code, algorithms, databases, interfaces, functionality, software, designs, audio, video, text, images and graphics, but excluding your proprietary or confidential data and information that you have independently uploaded to the Services) (collectively, “ Homesteady Content”), and (3) all trademarks, trade names, service marks, trade dress and logos of, contained in or appearing on the Services, whether registered or not (but excluding those that you have independently uploaded to the Services) (collectively, “Homesteady Marks”). The Homesteady Content and Homesteady Marks are protected by patent, trademark, copyright, trade secret and/or other intellectual property or unfair competition rights and laws of the United States and international jurisdictions and conventions. Except as otherwise explicitly provided in these Terms, you understand and agree that (1) you have no right, title, interest, license or lease in or to the Services, the Homesteady Content or the Homesteady Marks in any manner whatsoever and (2) your access and/or use of the Services does not grant or vest in you any intellectual property or other right, title, interest, license or lease in or to the Services, the Homesteady Content or the Homesteady Marks in any manner whatsoever. Except as otherwise explicitly provided in these Terms, no part of the Services or Products and no Homesteady Content or Homesteady Marks may be copied, reproduced, altered, enhanced, modified, disassembled, decompiled, deciphered, reverse engineered, disabled, hacked, disrupted, aggregated, republished, uploaded, posted, published, broadcasted, publicly displayed, encoded, translated, transmitted, distributed, sold, transferred, conveyed, licensed or sublicensed, advertised or otherwise exploited (including creating derivative works) for any purpose whatsoever, without our express prior written consent.

User Feedback

We own all right, title and interest in and to your responses to surveys, questionnaires, reports and any other comments, questions, suggestions, ideas, improvements, information or other feedback provided by you to us regarding the Services (collectively, “User Feedback”). You acknowledge and agree that we may use User Feedback in any manner or format and for any purpose, without any restriction and without any acknowledgement, obligation or compensation to you, provided that we will not identify you as the source of the User Feedback without your prior consent.

Links to Third-Party Sites

Our Services or Products may contain links to third-party websites or resources, which are provided for your convenience and reference only and do not imply any recommendation or endorsement by us unless expressly noted otherwise. We do not own, monitor or control such websites or resources and do not take responsibility for the content or actions of these websites or resources or for any Losses (as defined below, and including reasonable attorneys’ fees) arising from or related to your access or use of them. You may also be subject to their own terms of use and/or privacy policies and we are not liable for any information or data that you provide to them.

Disclaimer

OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE NO GUARANTEES OR REPRESENTATIONS THAT THE SERVICES OR PRODUCTS (1) WILL BE AVAILABLE, RELIABLE, SECURE OR ACCURATE, (2) WILL BE FREE OF DEFECTS, ERRORS, VIRUSES, MALWARE, TROJAN HORSES, WORMS OR OTHER TYPES OF HARMFUL OR MALICIOUS SOFTWARE, (3) WILL MEET SPECIFIC USER REQUIREMENTS OR (4) ARE APPLICABLE OR APPROPRIATE FOR USE IN EVERY JURISDICTION. YOU AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS IS SOLELY AT YOUR OWN RISK. WE HAVE NO CONTROL OR DIRECTION OVER HOW OTHERS MAY USE THE SERVICES OR PRODUCTS AND ASSUME NO RESPONSIBILITY OR LIABILITY REGARDING THEIR USES.

Limitation of Liability

BY ACCESSING AND/OR USING THE SERVICES OR PRODUCTS, YOU (1) UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OWNERS, DIRECTORS, OFFICERS, AFFILIATES, BUSINESS PARTNERS, SERVICE PROVIDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING LOST PROFITS OR REVENUES (COLLECTIVELY, “ LOSSES”) ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR COULD HAVE FORESEEN ANY SUCH LOSSES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND (2) TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE SERVICES AND PRODUCTS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX MONTHS OR $100 IN THE AGGREGATE.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold us harmless from and against any and all claims, actions, liability and Losses (including reasonable attorneys’ fees) arising from or related to your use of the Services and breach of these Terms.

HIPAA Non-Compliance

You acknowledge and understand that we are not a “business associate” or “subcontractor” (as those terms are defined in HIPAA) and that the Services are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulations promulgated thereunder.

Governing Law

These Terms and the Services, and all claims or causes of action that may be based upon or arise from these Terms and the Services, shall be governed by and construed, interpreted and enforced in accordance with the internal laws of the State of California without giving effect to conflict of law provisions. Any dispute, claim, action, legal proceeding or litigation you may have against us concerning or arising from these Terms or the Services shall be resolved in Santa Clara County, California, except as otherwise agreed to by the parties. You consent to personal and subject matter jurisdiction and venue of the courts in Santa Clara County, California.

Survival

The sections of these Terms of Use titled “Your Obligations and Responsibilities”, “Intellectual Property”, “User Feedback”, “Disclaimer”, “Limitation of Liability”, “Indemnification”, “Governing Law” and “Miscellaneous” shall survive any termination of these Terms.

Miscellaneous

These Terms set forth the entire agreement and understanding between you and us relating to the Services and supersede all prior or contemporaneous discussions, understandings or agreements of any kind. No modification, amendment or waiver of these Terms shall be effective unless made in writing and signed by us. You may not assign, whether voluntarily or involuntarily or by operation of law, any of your rights or obligations under these Terms without our prior written consent. We may assign any of our rights or obligations under these Terms and/or share, transfer or assign Your Information to an affiliate or subsidiary or in connection with a merger, consolidation, acquisition, corporate reorganization, bankruptcy or sale of all or any portion of our business or assets. No delay or failure by us to enforce any provision or right under these Terms shall be construed as a waiver of that provision or right in any instance. These Terms shall be deemed to have been jointly drafted by you and us and shall be interpreted in such manner. If any part of these Terms is found to be unenforceable under applicable law, that part shall be excluded from these Terms and the remaining portion shall be construed and enforceable with full force and effect.

Contact Us

Please contact us at: hello@homesteadyapp.com.