Privacy & Use

These terms of use constitute an agreement (“User Agreement”) between you and Welcome Home Online (“Welcome Home Online,” “we,” or “us”) and govern your access and use of any mobile application (“Application”); web site (“Site”); data, information and/or content (collectively, “Content”); software and/or technology provided in connection with the Welcome Home Online service described herein (the “Service”).  By accessing and/or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and agree to the collection and use of your information as set forth in the privacy users, and others who access and/or use the Service, whether registered or not (“Users”). This Agreement and your rights hereunder will terminate on the expiration/termination of your access rights.  Welcome Home Online reserves the right to modify these terms at any time and will provide notice of changes as described below.  

1.    Service Description

Welcome Home Online provides homeowners with information to aid in the organization of, repair, maintenance and replacement of home assets, including without limitation, appliances, equipment and other building systems. Welcome Home Online also provides offers and benefits as well as service provider information.  We may, in our sole discretion, make changes to the Service and/or the functionality of the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service.  We may suspend or terminate this license and your access to the Service without liability at any time for any reason or no reason. Your access and/or use of the Service must comply with this Agreement and all applicable local, state, federal, and international laws, rules and regulations. Any access and/or use of the Service by anyone under 13 or anyone previously removed from the Service is strictly prohibited and in violation of this Agreement. 

2.    Access and Use of the Service 

We may make the Service available to you at a Site and/or or provide an Application or other software/technology to enable access the Service.   If we provide an Application to enable access via a mobile device, we do not warrant that an Application will be compatible with your mobile device. You are solely responsible for any additional charges incurred from your wireless provider for your use of mobile data in connection with Welcome Home Online platform.  

 

Subject to the terms and conditions of this Agreement and the Welcome Home Online Privacy Policy, we hereby grant you a non-exclusive, limited, non-transferable, revocable license to use the Service, including the Content, Site and/or a copy of the Application(s) (for one Welcome Home Online account on one mobile device owned or leased by you) and/or any software or other technology made available to you, solely for your own use only in accordance with the features of the Service.  

 

You acknowledge and agree that: (i) Welcome Home Online may update or upgrade the Service, Site and any Application from time-to-time, (ii) Welcome Home Online may automatically update or upgrade the version of any software or Application that you are using on your mobile device, and (iii) these terms of use will apply to all such upgrades. Any third-party code that may be incorporated in an Application is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. Except for the limited license set forth in this Agreement, nothing herein shall be construed as conferring upon you any right, in any Application.   

 

If any Application is being acquired on behalf of the United States Government, then such Application will be deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service, any Application and accompanying documentation by the U.S. Government is prohibited except to the extent expressly permitted by these Terms of Use and, to such extent, is governed solely by these terms of use. For purposes of these provisions, the Applications originate in the U.S., and are subject to U.S. export laws and regulations. The Applications may not be exported or re-exported to countries subject to U.S. trade sanctions prohibiting the shipment of goods thereto (“Prohibited Territory”) or to those persons or entities prohibited from receiving exports from the U.S (collectively, persons on “U.S. Prohibited Party Lists”). You agree to comply with all U.S. and foreign laws applicable to use of the Application(s) and/or the Welcome Home Online Service. 

 

3.    Welcome Home Online User Account 

You must create a user account to access the Welcome Home Online Service.  You are required to provide accurate, complete and up-to-date account information. YOUR HOUSEHOLD USER ACCOUNT IS SOLELY FOR YOUR INDIVIDUAL USE TO ACCESS THE SERVICE AND YOU MUST KEEP YOUR ACCOUNT PASSWORD SECURE.  YOU MAY NOT PERMIT ANYONE ELSE TO USE YOUR ACCOUNT. You are solely responsible for all activity that occurs on your account. If you believe there has been any breach of security or unauthorized access or use of the Service through your user account, you must notify WELCOME HOME ONLINE immediately. Welcome Home Online reserves the right in its sole discretion to suspend, disable or terminate your account or your access or to change your account username or password at any time. Welcome Home Online will not be liable for any losses caused by any unauthorized use of your account. 

 

You may change the settings and preferences in your account. By providing your email address to Welcome Home Online you consent to our use of such email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other communications, such as changes to the Service, alerts regarding service and/or maintenance due on your appliances, and special offers. If you do not want to receive such email messages, you may opt out or change the preferences in your user account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.  If you connect to the Welcome Home Online Service using a third-party service, you hereby authorize us to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.    

4.    Limitations on Use

Except as expressly permitted in this Agreement, you agree not to do any of the following: (i) copy, distribute, or disclose any part of the Service, Site or any Application in any medium; (ii) sell, rent, lease, loan, transfer, resell, sublicense, distribute or otherwise make available or permit access to the Site or any Application to any third party; (iii) use any automated system, including without limitation any “deep-link,” “scraper,” “robot,” “spider,” “offline readers,” or any other device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Service, Site and/or Application; (iv) violate, disable, circumvent, damage, or otherwise attempt to interfere with or compromise the integrity, security or operation of the Service, Site or any Application or Welcome Home Online’s computer systems or networks, including any features that prevent or restrict access, use and/or copying of the Site,  any Application and/or Content, as applicable; (v) delete any copyright and/or other proprietary rights notices on the Service, Site and/or any Application; engage in any activity that unreasonably or disproportionately burdens our infrastructure; (vi) introduce viruses, worms, malware or invalid data into the Service, Site and/or any Application; (vii) collect any personally identifiable information, including user account information, from the Service; (viii) engage in fraud or misrepresentation, including without limitation impersonating another person, attempting to hide your identity, or otherwise misrepresenting your affiliation with a person or entity; (ix) access any Content on the Service through any technology or means other than those provided or authorized by the Service; (x) modify, decompile, disassemble or reverse engineer any portion of the Service, Site and/or any Application; (xi) use the Site or any Application to provide time sharing or similar services for any third party; or (xii) use the Service in any manner that is unlawful or harms Welcome Home Online, its service providers, suppliers or any other user. Audiovisual content available as part of the Service may only be accessed for real-time viewing, and may not be copied, stored, permanently downloaded, redistributed or used by the User for any purpose or in any manner not explicitly permitted by the functionality of the Service. 

5.    User Content

To the extent that the Service permits Users to submit, post, display or make available content and/or material (e.g., profile information, videos, images, comments, questions, and other information) (collectively, “User Content”), Welcome Home Online claims no ownership rights in such User Content. You retain ownership of the User Content you provide; however, others may view, edit, and/or share your User Content in accordance with your settings and these terms of use.  

 

You agree not to submit, post, display or make available any User Content that: (i) is unlawful, infringing, a violation of privacy or publicity rights, or otherwise illegal (including, without limitation, the disclosure of trade secrets, confidential information, and/or material non-public information under securities law); (ii) you do not have a right to make available; (iii) you know to be inaccurate; (iv) is harmful, abusive, offensive, defamatory, harassing, libelous, threatening, profane, obscene, or otherwise objectionable (as determined by Welcome Home Online); (v) may create a risk of harm, loss, damage, illness or injury (physical, mental and/or emotional), death, disability, or disfigurement to you, another person, an animal, or any property; (vi) may harm or exploit children by seeking personal information and/or exposing them to inappropriate content; or (vii) may constitute or contribute to a crime or tort. You agree that the User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of the copyright (including without limitation the performance, mechanical, and sound recordings rights) with respect to each musical composition (including lyrics) and sound recording contained in such User Content and you have the right to grant the license described below. Welcome Home Online reserves the right (but not the obligation) to reject and/or remove any User Content from the Service.  

 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights, now existing or that later come into existence, and all applications, registrations, renewals and/or extensions to protect such rights under the laws of any state, country, territory or other jurisdiction. 

 

With respect to your User Content, you represent and warrant that: (1) to the extent any identifiable natural person is included in any User Content, you have the written consent to use such person’s name or likeness in the manner contemplated, and each such person has released you from any liability that may arise from such use; (2) you have obtained all consents as may be required by law to submit, post, display or otherwise make available any User Content pertaining to third parties; (3) your User Content and Welcome Home Online’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including without limitation, any Intellectual Property Rights and/or privacy rights; (4) your User Content and any other information you provide to Welcome Home Online is, to the best of your knowledge, true and accurate; (5) you have all rights necessary to grant Welcome Home Online the license to use your User Content, as described in this Agreement; (6) Welcome Home Online may exercise the rights to your User Content granted under this Agreement without liability for payment of any royalties, fees, or payments of any kind. 

You are solely responsible for your User Content and the consequences of submitting, posting, displaying, publishing, sharing or otherwise making such User Content available through the Service. You agree that Welcome Home Online is only a passive service through which you may distribute and publish your User Content online and we assume no liability or responsibility for any User Content that you or any other User or third party submits, posts, displays, sends, or otherwise makes available through the Service. In addition, you agree that Welcome Home Online will not be liable for any damages. losses or expenses you allege to incur because of or relating to your exposure to any User Content.  

You may transfer User Content to a third party through the Site or the Application, provided that the third– party transferee of your User Content expressly agrees to the terms of this Agreement.  You hereby grant a perpetual, non-exclusive, royalty-free license under any of your applicable Intellectual Property Rights to incorporate your User Content into such third–party transferee’s account and to use such User Content in accordance with the features and functionality of the Service.  

6.    User Content License 

By submitting, posting, publishing, displaying or otherwise making available through the Service any User Content, you expressly grant Welcome Home Online a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all your User Content, including without limitation your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Welcome Home Online’s (and its successors’ and affiliates’) business, including without limitation promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. In addition, you hereby grant each User of the Service a non-exclusive license to access, use, reproduce, distribute, display and/or perform such User Content as permitted through the functionality of the Service and pursuant to this Agreement. Content in the Secure Folder will remain private to the end-user and will not be shared, reproduced, publicly displayed or otherwise published.

7.    Proprietary Rights

With the exception of your User Content, Welcome Home Online and/or its licensors (including other Users who post User Content through the Service) retain all right, title and interest (including all Intellectual Property Rights) in and to the Service, Content, Site, Application(s) (including any copies) and all other materials included therein or transferred thereby, including without limitation, software, text, images, graphics, photographs, illustrations, audio, video, music, logos, trademarks, service marks, copyrights, patents, and User Content belonging to other Users (the “Welcome Home Online Property”). Except as expressly set forth herein, nothing in this Agreement shall be deemed to confer upon you any right in the Welcome Home Online Property or create any license in or to any Intellectual Property Rights therein.  Use of the Welcome Home Online Content for any purpose not expressly permitted by this Agreement is strictly prohibited.  

You acknowledge and agree that you do not own the account you use to access the Service and that Welcome Home Online has the absolute right to manage, regulate, control, modify and/or eliminate Home Hub Property as it deems appropriate in its sole discretion.  YOU ACKNOWLEDGE AND AGREE THAT ANY ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON WELCOME HOME ONLINE’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN WELCOME HOME ONLINE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO ANY SUCH DATA, INFORMATION OR CONTENT BY YOU OR ANY THIRD PARTY.  

If you choose to submit any comments or ideas regarding the Service, an Application or other Welcome Home Online product, you agree that (i) your submission is gratuitous and without restriction or obligation to Welcome Home Online, (ii) we may use the comments or ideas without any additional compensation or obligation to you, and (iii) we may disclose the comments or ideas on a non-confidential basis or otherwise to anyone. Welcome Home Online does not waive any rights to use similar or related ideas previously known or developed by Welcome Home Online or submitted to Welcome Home Online by other sources. 

8.    Fees & Payments

There may be fees associated with the Service, and we may add or amend the fees for existing services and/or add new services for additional fees and charges at any time in our sole discretion. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as updated from time to time. Any change to our fees or payment terms will become effective in the billing cycle following notice of such change as provided in this Agreement.  You also agree to pay all applicable taxes and other charges (e.g., credit card, debit card, or other payment method charges) in connection with any purchase or transaction relating to the Service.  

 

You acknowledge and agree that you will receive no refund or exchange if you cancel the Welcome Home Online Service (which you can do at any time) or if Welcome Home Online suspends or terminates your access or this Agreement. 

 

If you purchase any products from or through the Service, such products will be transported and delivered to you by an independent carrier not affiliated with or controlled by Welcome Home Online.  Title and risk of loss to any products purchased through the Service passes to you when the products are delivered to the carrier. 

 

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. 

9.    No Professional Advice

Any professional information (for example, medical, legal, or financial) provided in connection with the Service is for informational purposes only and should not be construed as financial, tax, legal or other professional advice of any nature whatsoever. If you are seeking advice rather than information, you should instead obtain the services of a person who is licensed and/or qualified in the applicable area. 

10.                  Text Messaging

If you choose to receive any Welcome Home Online notifications or information via text messaging, you agree that you are solely responsible for any additional charges incurred from your wireless provider for these services. 

11.                  Privacy

You understand and agree that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregated data as set forth in our Privacy Policy at www.welcomehomeonline.io  and to have your personally identifiable information collected, used, transferred to and processed in the United States. 

12.                  Security

Welcome Home Online uses commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your personal information; however, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures to gain access and/or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk. 

13.                  Copyright 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, you should notify Welcome Home Online’s copyright agent in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:  

1.    An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 

1.    Identification of the copyrighted work that you claim has been infringed; 

1.    Identification of the material that you claim is infringing, including a description of where it is located on the Service; 

1.    Your address, telephone number, e-mail address and/or other information reasonably sufficient to permit Home Hub to contact you; 

1.    A signed statement that (i) the above information is accurate;  (ii) you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (iii) under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner.  

Notices of copyright infringement claims should be sent to: 

Welcome Home Online LLC

hello@welcomehomeonline.io 

 

The foregoing is intended to comply with Welcome Home Online’s rights and obligations under the DMCA, including 17 U.S.C. §512(c).  If you give notice of copyright infringement by text e-mail, Welcome Home Online copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement as an attachment to your e-mail before we are required to take any action. 

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. 

14.                  Links to Third-Party Sites and Information 

The Service may contain links to other websites or third-party materials that are not under the control of Welcome Home Online.  Welcome Home Online is not responsible for the operation or content of any such websites, or any third-party information and materials. These links and/or materials are provided to you only as a convenience, and their inclusion does not imply endorsement by Welcome Home Online. If you share your information (including User Content) on or through any third-party website, you do so at your own risk.  You understand and agree that this Agreement and Welcome Home Online’s Privacy Policy do not apply to your use of such sites, and you expressly release Welcome Home Online from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Any transactions with or participation in promotions of advertisers, vendors or other third parties found on the Service, including all terms and conditions, are solely between you and such third parties and you agree that Welcome Home Online is not responsible for any damage or loss of any kind arising from or relating to your dealings with such third parties. 

15.                  Indemnity

You agree to defend, indemnify and hold harmless Welcome Home Online, its affiliates, suppliers and licensors, and their respective officers, members, directors, partners, employees, and agents (collectively, the “Welcome Home Online Parties”), from and against any and all claims, damages, obligations, losses, liabilities, penalties, costs and expenses (including without limitation attorney’s fees) arising from: (i) your access to and use of the Service, including any content, data or information that you transmit or receive; (ii) your violation of any term of this Agreement (including without limitation, a breach of any of the representations and warranties); (iii) your violation of any third-party right (including without limitation, any Intellectual Property Rights or any right of privacy); (iv) your violation of any applicable law, rule or regulation; (v) any User Content or other content  submitted, posted, displayed, transmitted or otherwise made available via your account; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service via your username, password or account. 

16.                  No Warranty

THE SERVICE AND APPLICATION(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USE OF THE SERVICE, APPLICATION(S) AND/OR CONTENT IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S), DEVICE(S) OR SYSTEM(S) RESULTING FROM YOUR USE OF THE SERVICE AND/OR ANY APPLICATION(S).  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WELCOME HOME ONLINE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES AND ANY APPLICATION(S).  THE WELCOME HOME ONLINE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WELCOME HOME ONLINE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY EXCEPT AS EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE PROVIDER PARTIES DO NOT WARRANT (A) THE ADEQUACY, ACCURACY, RELIABILITY OF THE SERVICE OR ANY CONTENT; (B) THE COMPLETENESS OF RESULTS;  (C) UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE SERVICE OR ANY APPLICATION(S); OR (D) THAT THE SERVICE AND APPLICATION(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.    

WELCOME HOME ONLINE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WELCOME HOME ONLINE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WELCOME HOME ONLINE WILL NOT BE A PARTY TO OR HAVE ANY LIABILITY ARISING FROM ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

THE SERVICE IS OPERATED AND CONTROLLED FROM FACILITIES LOCATED IN THE UNITED STATES. WELCOME HOME ONLINE MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM LOCATIONS OUTSIDE THE UNITED STATES DO SO AT THEIR OWN RISK AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE U.S. AND LOCAL LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS. UNLESS OTHERWISE EXPLICITLY STATED, ALL CONTENT AND MATERIALS FOUND ON THE SERVICE ARE DIRECTED SOLELY TO INDIVIDUALS OR ENTITIES LOCATED IN THE UNITED STATES. 

THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

17.                  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WELCOME HOME ONLINE PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ANY APPLICATION(S) OR ANY CONTENT. UNDER NO CIRCUMSTANCES WILL WELCOME HOME ONLINE PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, PASSWORD MINING, SOCIAL ENGINEERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR THE CONTENT THEREIN. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELCOME HOME ONLINE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY INFORMATION STORED THEREIN; (IV) INTERRUPTION OF SERVICE; (V)  VIRUSES OR MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (VI) LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT;  (VIII) INTERACTIONS BETWEEN YOU AND OTHER WELCOME HOME ONLINE USERS, OR ANY USER’S ACT OR OMISSION; AND/OR (IX) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT SHALL WELCOME HOME ONLINE PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, AND/OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WELCOME HOME ONLINE HEREUNDER.  

THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND WHETHER THE ALLEGED CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WELCOME HOME ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

18.                  Governing Law; Arbitration; Class Actions; Jury Trial Waiver 

19.                  Governing Law.

The Service shall be deemed solely based in the State of Pennsylvania and passive so as not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Pennsylvania. This Agreement shall be governed by the laws of the State of PA, without regard to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in York County, PA for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, including without limitation any provisional relief required to prevent irreparable harm. You agree that York County, PA is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. 

1.    Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE ANY CLAIMS OR DISPUTES, WHICH LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WELCOME HOME ONLINE.  

For any claim or dispute with Welcome Home Online, you agree to first attempt to resolve the claim or dispute with us informally. If we have not been able to resolve a claim or dispute with you after sixty (60) days, we each agree to resolve the claim or dispute (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS under the Optional Expedited Arbitration Procedures then in effect, except as provided herein. JAMS may be contacted at http://www.jamsadr.com. The arbitration will be conducted in York County, PA, unless otherwise agreed. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not relieve you of your commitment to engage in the informal dispute resolution process. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Welcome Home Online from seeking injunctive or other equitable relief from the courts as necessary to prevent actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.    

1.    Class Action/Jury Trial Waiver.

READ THIS SECTION CAREFULLY BECAUSE IT INCLUDES A CLASS ACTION/JURY TRIAL WAIVER, WHICH LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WELCOME HOME ONLINE.   

REGARDLESS OF WHETHER ANY PERSON OR ENTITY HAS OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ANY CLAIM MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO ARBITRATION AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIM(S). YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WELCOME HOME ONLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. 

 

19.                  Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Welcome Home Online without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. 

1.    Notifications; Amendments 

Welcome Home Online may provide notifications to you, whether required by law or for marketing or other business purposes, via email, written or hard copy, or posting on our website, as determined by Welcome Home Online in our sole discretion. Welcome Home Online reserves the right to determine the form and means of providing notifications, but you may opt out of certain means of notification as described in this Agreement. Welcome Home Online is not responsible for any automatic filtering you or your network provider may apply to email notifications sent to the email address you provide. Welcome Home Online may modify or update this Agreement from time to time. If we make material changes to the Agreement, we will update the ‘last modified’ date at the bottom of this page.  You are solely responsible for reviewing these terms of use periodically.  Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not access (or continue to access) and/or use the Service. 

1.    Entire Agreement; Severability

These Terms of Use, together with any amendments and any additional agreements you may enter into with Welcome Home Online in connection with the Service, shall constitute the entire agreement between you and Welcome Home Online concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. 

1.    No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Welcome Home Online’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

1.    Contact

Please contact us at hello@welcomehomeonline.io with any questions regarding these Terms of Use.