Last updated on December 12th, 2018
Homease displays reviews and ratings on a variety of service contractors, vendors, and other home service professionals (collectively, “Home Service Professionals”) to allow you, the user (“You,” “Yourself,” or “Your,” if possessive), the opportunity to read about the experiences other users have had with these Home Service Professionals and to provide Your own reviews and ratings on the Home Service Professionals You use. Homease also operates certain products currently including, without limitation, Deals and other direct purchase products whereby Homease facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Homease at any time shall be defined herein as “Service” or “Services.
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Homease from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Homease-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Homease displays reviews and ratings on a variety of Home Service Professionals based upon the actual first-hand experiences other users have had with these Home Service Professionals and also provides You with the opportunity to provide Your own reviews and ratings on the Home Service Professionals You use.
(a) HOMEASE SUBSCRIPTIONS AND PLANS
You may see ‘Your Account’ to view what type of plan you have
(b) Homease earns revenue from participating Home Service Professionals. For example, qualifying Home Service Professionals can pay Homease to offer Promotions on the website or other services. Unless otherwise prohibited by law, Home Service Professionals offering Promotions typically offer a discount or benefit to Homease members.
(c) MEMBERSHIP BENEFITS
The benefits of Your Homease Plan are available only while Your Plan is active and Your Homease account is in good standing. Homease reserves the right to modify the Plans at any time and in its sole discretion. You may check Your plan details at www.homease.app on Your Manage My Account page.
As a condition of Your use of the Service, You agree to: (a) provide Homease with true, accurate, current and complete information as prompted by the Homease’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You must be 18 years of age or older to use or register for Services.
Membership in the Service is void where prohibited.
You will create a user ID and a password when You register. Your user ID and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
By agreeing to the terms and conditions of this Agreement, Homease grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal and business decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Homease.
In order for You to submit Your own reviews and ratings on the Website and in the Magazine, You acknowledge and agree that:
If You have a dispute with a Home Service Professionals and an active, qualifying Plan, You may request Homease’s assistance in communicating with that Home Service Professionals about Your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting email@example.com. You then will be requested to complete and return to Homease’s certain documentation relating to Your complaint. Shortly thereafter, we will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Home Service Professional to explain Your complaint and desired resolution and to ask the Home Service Professionals to respond in writing within a reasonable timeframe.
If the Home Service Professionals agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Home Service Professional will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Home Service Professional responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the CRP is at Homease’s sole discretion. We reserve the right to reject Your request to participate for any reason. By participating in the CRP, You consent to have Your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications.
The CRP is not a legal forum and Homease does not, at any time, become a party to Your dispute with theHome Service Professional. Homease is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Home Service Professional, Homease encourages You to consult with an attorney. Homease does not guarantee that Your participation in the CRP will result in a satisfactory outcome or Your desired resolution.
You agree that, by offering the CRP, Homease does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Home Service Professionals), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Homease may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
Although Homease does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website and the Magazine, You automatically grant, and You represent and warrant that You have the right to grant, to Homease an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Homease with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Homease may display, disseminate, or place Promotions near, with, or adjacent to Your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Homease’s discretion and without notice to You.
Homease does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Homease simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Home Service Professionals in response to Content (“Home Service Professional Content”). You understand that all Content and Home Service Professional Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Homease does not control, and is not responsible for Content or Home Service Professional Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Home Service Professional Content.
You further acknowledge that Homease has no obligation to screen, preview, monitor or approve any Content or Home Service Professional Content, or Content posted or submitted by any other Homease member or any Home Service Professional. However, Homease reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Homease be liable in any way for any Content or Home Service Professional Content, including, but not limited to, any Content or Home Service Professional that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Home Service Professional Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Homease relating to Content or Home Service Professional Content, and release Homease from any and all liability for or relating to any Content or Home Service Professional Content.
Homease does not endorse and is not responsible or liable for any Content, Home Service Professional Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Home Service Professionals. You and your clients agree that should You use or rely on such Content, Home Service Professional Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Home Service Professional, Homease is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You and your clients dealings with, or participation in promotions of any Home Service Professional, and any other terms, conditions, representations or warranties associated with such dealings, are between You, your clients, and such Home Service Professional exclusively and do not involve Homease. You and/or your clients should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Home Service Professional.
You agree that Homease is not responsible for the accessibility or unavailability of any Home Service Professional or for Your interactions and dealings with them, waive the right to bring or assert any claim against Homease relating to any interactions or dealings with any Home Service Professional, and release Homease from any and all liability for or relating to any interactions or dealings with Home Service Professionals. In addition, You agree that Homease may exclude Home Service Professionals from displaying in search results on the Homease. Website for failing to meet particular Homease standards regarding Home Service Professional conduct. In addition, You understand that Homease may exclude Home Service Professional from displaying in search results on the Homease Website for failing to meet particular Homease standards regarding Home Service Professional conduct and performance.
Homease may, in its sole discretion, have criminal and/or financial background checks conducted on certain Home Service Professionals. By having such background checks conducted, Homease DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
In connection with Your use of the Service, You represent and warrant that You:
The reviews and ratings that You provide do not reflect the views of Homease, its officers, managers, owners, employees, agents, designees or other users. In addition, Homease retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Homease may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Homease may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
As Homease continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
The term of this Agreement (“Term”) will be in effect and continue so long as You have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Homease may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
Homease will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.homease.app). You will receive notice if modifications to the Agreement are made. Homease will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
Homease reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Homease will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Homease may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Homease has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Homease has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Homease is not responsible for any delays, failures or other damage resulting from such problems.
Homease appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Homease. In addition, none of the Submissions will be subject to any obligations of confidentiality and Homease will not be liable for any future use or disclosure of such Submissions.
Aside from user-submitted Content and the Home Service Professional Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Homeaseand/or its licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Homease ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. Homease EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR Homease COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Homease WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Homease HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY Home Service Professionals OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY Homease OR THE FAILURE OF Homease TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY Home Service Professionals (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Homease Membership. THEREFORE, TO THE EXTENT Homease IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, Homease’s LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE HUNDRED DOLLARS.
You agree to indemnify, defend and hold harmless Homease, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Homease or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Homease will have sole control of the defense of any such damage or claim.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Homease to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Homease damages for the specified breaches of this Agreement:
You agree that Homease may communicate any notices to You under this Agreement, through electronic mail posting the notices on the Website. All notices to Homease will be provided by emailing firstname.lastname@example.org. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Homease will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
Homease will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Homease. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Homease regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Home Service Professionals and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Homease under this Agreement.
This Agreement and the relationship between You and Homease will be governed by the laws of the State of Texas, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Texas County, Texas and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Homease may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event Your Plan with Homease is terminated or lapses or You are no longer a user of Homease, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 24 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Homease’s rights if Homease fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Homease agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Homease as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.