HomDNA Terms of Service
1. These Terms of Service (“TOS”) govern Your access and use of the products and services (collectively, the “Service”) made available through the HomDNA Website (the “Site”) and/or the HomDNA Mobile Application (the “Application”). When You access and make use of the Service through this Site and/or the Application, You are agreeing to these TOS, which create a legally binding agreement between You and HomDNA.
2. As used in these TOS, the terms “You” and “Your” will collectively mean You individually, and any entity that is authorizing You to access and use the Service.
3. Unless otherwise stated, these TOS shall apply to all services provided by HomDNA through this Site and the Application, including, without limitation, the Service. In addition, from time-to-time, we may offer other services, which may be subject to additional terms. In such event, You will be notified of any such additional terms prior to Your election to make use of those other services.
5. If You do not agree to any provision of these TOS as currently posted, or as may be amended from time-to-time by HomDNA in its sole discretion, then You agree to immediately notify HomDNA, and cease accessing this Site and using the Service.
2. Registration; Account Security.
1. Intended User. HomDNA is intended for use by people who are eighteen (18) years of age or older. Persons under the age of eighteen (18) are prohibited from creating an account with HomDNA. You affirm that at the time You create an account with HomDNA, You are at least eighteen (18) years of age. In addition, You affirm that You have not been previously suspended or removed from the Service and do not have more than one HomDNA account. HomDNA reserves the right to refuse registration, or refuse or limit access to the Service to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate Your right to use the Service, or any portion of thereof, and block or prevent Your future access to, and use of the Site, the Application, the Service, or any portion thereof.
2. Account Registration. Account registration is required to use the Service. You represent and warrant that You will provide accurate, current and complete information (including information about You and any other authorized users) in any registration or other account-related forms on the Site (the “Registration Information”) and agree to maintain the security of Your username and password. You will maintain and promptly update Your Registration Information to keep it accurate, current and complete.
3. Account Security. The confidentiality of Your username and password for Your account with HomDNA is Your responsibility and You are solely responsible to HomDNA for activities in Your account. You agree that You will not share Your log-in credentials (including Your password) with others, or do anything that might jeopardize the security of Your account. You also agree to notify HomDNA immediately of any unauthorized or improper use of Your password and/or Your account.
4. Personally Identifiable Information. All personally identifiable information that You provide with Your Registration Information will remain confidential and will not be disclosed by HomDNA for any purpose, other than to deliver services requested or approved by You, or pursuant to a court order issued by a court having the proper jurisdiction to compel any such disclosure.
5. Electronic Communication. When You register and use the Service, or send e-mails to us, You are communicating with us electronically and You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
3. Communicating with You.
1. Service Requests. When You establish a HomDNA account, You will be requested to disclose certain information about Yourself and Your home to us. In addition, if You request any products or services through the Service, such as inspections, home improvements, home repairs or warranty requests, You will be required to share additional information about You and Your home with us, as it relates to any such product or service. This information may be stored in Your account. When You contact us for services for Your home, You agree and expressly grant us and our service providers permission to contact You via phone or email about Your product or service requests.
2. Other Communications. You also grant us the right and give us permission to contact You, via phone or email for other purposes related to Your account and our business, including sending You topical articles related to real estate, home andappliance upkeep, maintenance and repair industries, and marketing communications concerning products or services You may be interested in. You may also receive communications from Your subscription sponsor(s) from time to time, concerning their products and services. You agree and consent to all such communications by us and our industry partners.
3. HomDNA Concierge. When You contact the HomDNA Concierge, You agree that Your call may be monitored or recorded. You also agree that our agent may log Your call and share any information You provide to our Concierge with others, including third parties, so that we may provide You with the appropriate product or service You are requesting, or as may be necessary to support Your account.
4. Opting-Out of Certain Communications. If You do not want to receive informational or marketing communications from us or our industry partners, You may opt-out from receiving them by clicking the “unsubscribe” link contained in such emails. As long as Your account with us remains active, You cannot opt-out from receiving emails from us about Your account, or any products or services that You have requested from or through us.
5. CONSENT. BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY HOMDNA, OUR SERVICE PROVIDERS, COMPANIES THAT RECEIVE YOUR SERVICE REQUEST, AND PROS, AS THE CASE MAY BE. YOU CONSENT TO BE CONTACTED BY TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, FAX, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL "DO NOT CALL" OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED OR AUTODIALED TELEMARKETING MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING THE SERVICES AND/OR THE PRO PRODUCTS OR SERVICES YOU HAVE REQUESTED (AS THE CASE MAY BE), MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES. YOUR CONSENT TO RECEIVE MARKETING COMMUNICATIONS IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES.
4. Service Professionals That We Send You. When You send us a service request, we do our best to connect You with the right professional.
1. Independent Contractors. Each service provider that we refer to You is an independent, third party contractor. No such service provider is associated with HomDNA, or any of its subsidiaries or affiliates. Accordingly, when You agree to have services performed by a service provider we refer to you, by either agreeing to a bid or signing an agreement, You are entering into an agreement with the service provider only. HomDNA is not a party to any agreement You may have with a service provider. HomDNA has no control over how any requested services are or will be provided. HomDNA has no control over any fees or other costs that a service provider will charge You.
2. We recommend that you always request a bid from a service provider before you have any work performed. When You receive a bid from a service provider, please study it carefully and ask questions about any fees, charges or other items in the bid that You do not understand. If, for any reason, You are not confident that a service provider we send You meets Your needs, do not sign any agreement with them and let us know about it. We will provide You with alternate service providers promptly.
3. Dispute Resolution. If You do sign an agreement for services with a service provider that we refer to You, and thereafter a dispute arises between You and the service provider regarding the nature or quality of services provided, or any associated fees, charges or other costs, any such dispute will be resolved solely between You and the service provider.
5. Certain information about Your home, property and any features or appliances in Your home will be uploaded to HOMDNA in the form of photographs, notes, specifications and descriptions (collectively, “Content”). This Content may be collected from You, Your sponsor, HOMDNA agent(s), service providers, public or subscription sources, or from other sources approved by You. All such Content related to Your Home will be compiled into Your account and maintained securely on HOMDNA servers.
1. You agree that we may consult photographs or other images of Your home, its fixtures, appliances, and other aspects of Your home in order to provide You with appropriate products and services, and to communicate with You about such products and services.
2. Home and Property Specifications. Content may include specifications about Your home and property, including but not limited to pictures and images, floorplan, square footage, lot size and orientation, development location and other information that describes Your home and property as closely as possible. You agree that we may share such Content regarding Your home and property with third parties, in connection with arranging any products or services You have requested through the Service.
6. Appliances & Features. Content may also include information about Your appliances and other features of your home, including, but not limited to, pictures and images, size, style, brand, model number, serial number, energy rating, and warranty information. You agree that we may share such Content regarding Your home with third parties, in connection with arranging any products or services You have requested through the Service.
7. License to Application.
1. Use of the Application. Subject to the terms of these TOS, HomDNA hereby grants You a non-exclusive, non-transferrable, revocable, worldwide license (without the right to grant sublicenses), (i) to download the Application on Your device in connection with Your use of the Service.
2. Restrictions. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Application, in whole or in part, available to any third party; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or reverse compile any part of the Application; (v) access the Application in order to design, develop, build, market or support a competitive product or service; (vi) design, develop, build, market or support a product using similar ideas, features, functions or graphics of the Application; (vii) incorporate any portion of the Application into Your own programs or compile any portion of it in combination with Your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, or distribute the Application, in whole or in part.
3. Application Licensed, Not Sold. The Application is licensed to You, it is not sold to You. You acquire only the right to use the Application in accordance with this Agreement and You agree that You do not acquire any rights of ownership. All right, title and interest in and to the Application shall at all times remain the sole and exclusive property of HomDNA and all use thereof shall inure to the benefit of HomDNA.
4. Material Breach. Any breach by You of any of the provisions set forth in this Section 6 shall constitute a material breach of this Agreement resulting in, but limited to, the possible immediate termination of Your subscription and your right to use the Service by HomDNA, in HomDNA’s sole discretion. HomDNA’s termination of Your subscription and your right to use the Service due to any such breach is not HomDNA’s exclusive remedy, and HomDNA expressly reserves the right to seek any and all other available remedies at law or in equity.
8. Term and Termination.
1. The term of Your authorization to access and use the Service shall be for the term of Your subscription, but may be terminated earlier by HomDNA at any time in the event You breach any provision of these TOS, or any term of Your subscription.
3. Termination upon Breach. If You breach any provision of these TOS, including, but not limited to, providing false Registration Information, breach any provision of the license granted to You by HomDNA by these TOS, engage in any unauthorized use of the Service or engage in any prohibited act as identified in these TOS, HomDNA may, in its sole discretion, terminate Your rights to access and use the Service immediately, without additional notice to You. HomDNA’s termination of Your rights to access and use the Service for any such breach is not an exclusive remedy and HomDNA reserves all other rights at law and in equity it may have against You for any such breach. We will not refund any fees or charges paid by You prior to any such account termination.
9. Permitted Use of the Service.
1. The Service, and all component parts, are the property of HomDNA, Inc. and Your access to the Service is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Service, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem reasonably necessary.
2. You expressly agree that You will only use the Service for lawful purposes.
10. Prohibited Use of the Service. You are prohibited from doing any act that has the effect of undermining the integrity of our reputation, our computer systems and network infrastructure, this Site, the Application, the Service and the method by which we provide the Service to our users, including without limitation, the Application. As a material term of these TOS, You expressly agree that You shall NOT do any of the following:
1. Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to access, view, select, or copy in whole or in part, any content, program, functionality of the Service, or any other proprietary information or trade secret of HomDNA that is made available through the Service.
2. Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to Your access and use of the Service for any purpose;
3. Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on the Service, it’s hardware and connections, or prohibits, denies or delays access to the Service by other users or otherwise threatens the continuous services of our ISPs, suppliers and vendors;
4. Introduce any program, executable file or routine (such as a worm, Trojan horse, cancel-bot, time bomb or virus) irrespective of whether any such program or routine results in detrimental harm to our system or our data;
5. Establish any direct or deep link or other connection to any specific page or location of the Service other than the HomDNA log-in page;
6. Use or attempt to use another user’s account without authorization;
7. Attempt to circumvent any content or functionality filtering methods we employ, or otherwise attempt to access certain aspects of the Service that You are not authorized to access;
8. Post or transmit through the Service any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of HomDNA;
9. Any other conduct by You that in our sole discretion restricts, inhibits, or interferes with any other user from accessing and using the Service is expressly prohibited.
12. HomDNA’s Trademarks and Service Marks. The trademarks, logos, and service marks of HomDNA (collectively the “HomDNA Trademarks”) displayed on this Site, on the Application and within the Service are the registered and/or unregistered marks of HomDNA, or are otherwise used in accordance with applicable law. Nothing contained within the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any HomDNA Trademarks displayed on this Site, on the Application or within the Service without HomDNA’s written permission. Your unauthorized use of the HomDNA Trademarks is strictly prohibited.
13. Third Party Trademarks. HomDNA may also display trademarks on the Site, on the Application and in the Service that are registered to, or are otherwise owned by third parties (“Third Party Marks”) and HomDNA displays such Third Party Marks with the consent of their respective owners. All right, title and interest in and to Third Party Marks belong to their respective owners and neither HomDNA nor You acquire any rights to such Third Party Marks.
14. You will be responsible for obtaining and maintaining all computer hardware, Internet connections and any other equipment reasonably necessary to access and use the Service. High speed Internet access is strongly recommended for regular use and is required for video. You agree that HomDNA will not be responsible for any interruption, delay or inconsistent operation of the Service due to You not using necessary or compatible equipment, or a high speed Internet connection.
15. Disclaimers, Limitation of Liability, Releases.
1. YOU AGREE THAT USE OF THIS WEBSITE, THE APPLICATION AND THE SERVICE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD. NEITHER HOMDNA NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. THIS WEBSITE, THE APPLICATION AND THE SERVICE ARE ALL PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TOS. THE DISCLAIMERS CONTAINED IN THESE TOS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
2. IN NO EVENT WILL HOMDNA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE, THE APPLICATION OR THE SERVICE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.
16. You agree that You will, at Your sole expense, indemnify, defend, and hold HomDNA, its directors, officers, shareholders, employees, agents, subsidiaries and affiliates harmless from and against all claims and expenses, including attorneys' fees, arising out of Your use of the Service, including but not limited to any use of the Service that is not authorized by these TOS. In addition to the foregoing, in any such action, You will pay any judgment awarded against HomDNA or any settlement agreed to by You, and any authorized expenses incurred by HomDNA. HomDNA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with HomDNA in asserting any available defenses.
17. Copyright Compliance. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (USC Sections 512 seq.), HomDNA will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA (USC Section 512(c)(3)) by providing HomDNA with the following information in writing:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
4. 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;
5. A statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
6. Your physical or electronic signature.
Please send all written correspondence of alleged infringements to: HomDNA, Inc. 3366 Via Lido Newport Beach, California 92663 Attention: Legal/Copyright Agent. You may also contact HomDNA’s Copyright Agent by email at: [email protected].
18. Legal Proceedings. Any dispute relating to or arising from Your use of the Service or these TOS will be adjudicated by a court of competent jurisdiction sitting in the State of California, County of Orange and You expressly consent to the jurisdiction of the State and Federal courts sitting in Orange County, California for such purposes. In addition to any finding, relief granted or judgment awarded by such court, the prevailing party in any such action shall be awarded reasonable attorney’s fees and costs, in addition to any judgements, awards or other remedies awarded by such court.
19. All notices regarding any matter pertaining to these TOS, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by email, with a physical copy of such notice sent via United States Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid. Notices sent to HomDNA, Inc., shall be sent to: 3366 Via Lido, Newport Beach, California 92663, Attention: Legal Affairs. Notices sent by HomDNA shall be sent via email, with a physical copy sent (by United States Registered Mail or a nationally recognized courier) to the email and physical addresses You provided as part of Your Registration Information. Notice will be deemed effective twenty-four (24) hours after sending of an email, unless returned due to an invalid email address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by United States Postal Service, or courier, as applicable.
20. These TOS are to be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. These TOS, as updated from time to time, constitute the entire agreement between us with respect to Your use of this Site, the Application and the Service. HomDNA’s failure to enforce any breach of this Agreement by You does not constitute a waiver of HomDNA’s right to enforce any term of these TOS in the future for a similar breach.
21. Attention: California Users: Section 1789.3 of the California Civil Code (the "Electronic Commerce Act of 1984", California Civil Code, Section 1789.1, seq.) requires us to inform You that You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at: (916) 445-1254, or: (800) 952-5210, in order to resolve any complaint regarding any service provided to You through the Site, the Application, the Service, or to receive further information regarding the use of such service.
© 2016 HOMDNA, Inc.