HomeView™ Terms of Service
Last updated April 8, 2015
WELCOME TO HOMEVIEW, A SERVICE ("HOMEVIEW"), WHICH IS OWNED AND OPERATED BY HOMEVIEW, INC. ("HOMEVIEW"), A SUBSIDIARY OF SOFTECH, INC. HOMEVIEW IS COMPRISED OF https://HomeView.com (THE "WEBSITE") AND MOBILE APPLICATIONS (THE "APP"). PLEASE READ THESE TERMS OFSERVICE (THESE "TERMS") CAREFULLY. BY USING HOMEVIEW, YOU AGREE TO BE BOUND BY TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IFYOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN TERMS, YOU MAY NOT USE HOMEVIEW. WE SUGGEST YOU PRINT A COPY OF TERMS FOR YOUR RECORDS.
If you are using HomeView on behalf of any entity, you represent and warrant that you are authorized to accept Terms on such entity's behalf, and that such entity agrees to indemnify you and HomeView for violations of Terms. Nothing in Terms will be deemed to confer rights or benefits to any third party.
Description of HomeView. HomeView is a service that helps homeowners manage their homes and their homes' assets. The service is available through Website and App, which will be available in app stores such as Apple iTunes and Google Play (the "Store").
Updates to Terms. We reserve the right to change or modify any provisions of Terms and any policies or guidelines governing your use of HomeView, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on Website. Your continued use of HomeView following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review Terms and all applicable policies or guidelines on Website in order to understand the terms and conditions applicable to your use of HomeView. If you do not agree to any changes or modifications to Terms or to any applicable policies or guidelines of HomeView, your sole recourse is to stop using HomeView.
Reviews, Comments, and Other Content. You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content ("User Contributions") to HomeView so long as such User Contributions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but do not have the obligation) to remove or edit such User Contributions. We do not regularly review posted User Contributions. If you do post User Contributions, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media. You grant our sub-licensees and us the right to use the name that you submit in connection with such User Contributions, if they or we choose. You represent and warrant that:
(a) You own or otherwise control all of the rights to User Contributions that you post and/or submit.
(b) User Contributions are accurate.
(c) The use of User Contributions you post and/or submit does not violate Terms.
(d) User Contributions will not cause injury to any person or entity.
We have the right, but not the obligation, to monitor and edit or remove any activity or User Contributions. We take no responsibility and assume no liability for any User Contributions posted by you or any third party.
Account Terms. You represent and warrant that you:
(a) Are authorized to use HomeView.
(b) All of your registration and account information is true, accurate and complete.
(c) You will maintain the security of your password.
(d) You accept all responsibility for all activity that occurs under your user name.
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
Minors. In order to create an account, you must be 17 years of age or older. If children between the ages of 17 and 18 wish to use HomeView, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 17 years of age or older.
Copyright. HomeView and all content and other materials on Website or in App, including, but not limited to, HomeView effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
Trademark. HomeView, the HomeView logo and any other product or service names or slogans contained in HomeView (including, without limitation, App Store, iCloud, Evernote, or Dropbox) are trademarks of HomeView and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HomeView or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "HomeView" or any other name, trademark or product or service name of HomeView without our prior written permission. In addition, the look and feel of HomeView, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of HomeView and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in HomeView are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions. We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of HomeView and Materials solely in accordance with, and subject to Terms and any other of our policies as posted on Website, in App or in Store. Except as otherwise expressly permitted by Terms or set forth in writing, you may not:
(a) Collect, use, copy or distribute any portion of HomeView or Materials.
(b) Resell, publicly perform or publicly display any portion of HomeView or Materials
(c) Modify or otherwise make any derivative uses of any portion of HomeView or Materials
(d) Use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of HomeView.
(e) Use HomeView in a manner, which results in the depletion of HomeView infrastructural resources.
(f) Download (other than page caching) any portion of HomeView, Materials or any information contained therein.
(g) Use HomeView or Materials other than for their intended purposes.
Third Party Sites and Content. We may host or provide links to products, Web pages, Web sites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave HomeView, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from HomeView.
Advertisements and Promotions; Third Party Products and Services. We may run advertisements and promotions from third parties in HomeView or may otherwise provide information or links to third party products or services in HomeView. This third party activity may result in HomeView receiving payments from these third parties. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liablefor any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information in HomeView.
Help Tours, Samples and Other Support. From time to time, we may provide help tours, storage samples, creative samples and other support (collectively, "Support") to enhance your experience using HomeView. You agree that such Support is provided solely as a matter of convenience and for illustration purposes only and does not guarantee or warrant any specific user experience and is not intended to demonstrate, promise or represent the presence or absence of any features in HomeView. You agree to customize HomeView to suit and tailor it to your individual and/or organizational needs and you will be solely responsible for all such use. You agree to rely on Support solely to explore the ways and manner in which you may use HomeView and to understand its possible uses to satisfy your needs. If you use HomeView, or any portion of it, for home and home asset management, you will take adequate precautions to ensure that you retain all relevant data (including copies thereof) in your possession, outside of and independent of HomeView, specifically to protect yourself against loss or erasure of data or its unavailability in the event that HomeView is unreachable or non-functional.
DISCLAIMER OF WARRANTIES. THE WEBSITE, THE APP, THE MATERIALS AND THE SUPPORT, AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT OR ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THEAVAILABILITY, RELIABILITY OR SECURITY OF HOMEVIEW. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING:
(I) ANY AND ALL WARRANTIES OF MERCHANTABILITY;
(II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE);
(III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE;
(IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY;
(V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND
(VI) THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW WILLOPERATE WITHOUT INTERRUPTION OR ERROR.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVEFAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT WILL HOMEVIEW OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANYSPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THESUPPORT AND/OR ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW, REGARDLESS OF THE FORM OF ACTION, WHETHER INCONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOMEVIEW EXCEED THE LESSER OF:
(I) AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF HOMEVIEW (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US), AND
MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVEFAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification and Release. You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the "Indemnified Parties") harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with:
(a) Your use of HomeView.
(b) Your conduct.
(c) Any breach by you of Terms (including, but not limited to, any breach of any of your representations or warranties).
(d) Any User Contributions you upload to, posted on, create on, transmit through or link from HomeView.
Termination. Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under Terms (including, but not limited to, your right to use HomeView) and to block or prevent your access to HomeView for any or no reason.
Electronic Communications. Notwithstanding any terms to the contrary in Terms, HomeView may choose to electronically deliver all communications with you, which may include:
(a) Email to your email address indicated in your communications with HomeView or upon registration with HomeView.
(b) Posting messages that are displayed to you when you log in to or access HomeView.
HomeView's electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to Terms, any notices required under applicable law and any other notices. You agree to do business electronically with HomeView and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Payments and Refunds. From time to time, we may provide premium features of HomeView for various fees ("Fees"). The fees applicable for such premium features ("Premium Features") will be specified on the Website, the App and/or the Store. The prices stated for Premium Features exclude all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay Fees in the currency quoted on the Website, the App and/or the Store. We and/or the Store reserve the right to change the quoted currency at any time.
In addition to any Fees, you may still incur charges incidental to using HomeView, for example, charges for Internet access, data roaming, and other data transmission charges.
At this time, HomeView does not provide any payment gateway or handle any payment processes for any users of HomeView, including you. The entire billing and payment process is handled by Store and you must comply with their payment terms and other instructions, as specified in Store, as well as any other terms stated in HomeView or in Terms. Without limiting the foregoing, and only by way of explanation, you must be authorized to use the payment method that you enter when you create a billing account. You authorize Store to charge you for Premium Features using your payment method and for any paid feature of HomeView that you choose to sign up for or use while Terms or any Store terms are in force. Store may bill:
(a) In advance.
(b) At the time of purchase.
(c) Shortly after purchase.
(d) On a recurring basis for subscription services.
Also, Store may charge you up to the amount you have approved, and may choose to notify you in advance of the difference for recurring subscription services.
You must keep all information in your billing account current. You may access and modify your billing account information through Store. You may be able to change your payment method or cancel your subscription at any time, only if so permitted by Store terms.
We will notify you in advance, either through HomeView, Store or to the email address you have most recently provided to us, if we change the price of Premium Features. If there is a specific length and price for your Premium Features, that price will remain in force for that time, unless otherwise specified in Store. After the offer period ends, your use of Premium Features will be charged at the new price. If your Premium Features are on a period basis (for example, monthly) with no specific length, we will notify you of any price change at least 30 days in advance, unless a shorter period is specified by Store. If you don't agree to these changes, you must cancel and stop using Premium Features by sending us an email (with cancellation confirmation from a HomeView representative or agent) no later than fourteen (14) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise.
Payments for Premium Features are due at the time you sign up for them, unless we expressly agree otherwise in writing. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days (unless a shorter period is specified by Store), your account will be deactivated and all files will no longer be retrievable.
Except as specifically set forth in this section, all Premium Features are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
You will not be issued a refund for your most recent (or any previous) billing, unless you are an annual subscriber, in which event you may obtain a refund for a renewal fee only if you do so within 30 days of the day on which you were charged for the renewal of your account; in such an event, only a partial refund equivalent to 80% of the annual renewal fee will be returned. All cancellations and downgrades will be processed automatically. Once Premium Features are available, to cancel or downgrade, please log into the settings of HomeView for your account and click the link that says "Manage Subscriptions" and follow the instructions.
Except as prohibited by law, HomeView or Store may assess a late charge if you do not pay on time. You must pay these late charges when HomeView or Store bills you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law, unless Store specifies a higher interest rate. HomeView or Store may use a third party to collect past due amounts. You must pay for all reasonable costs HomeView or Store incurs to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Premium Features if you fail to pay in full on time.
As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details are stored on Store in conformance with Store's policies, as they may be updated from time to time. In addition to complying with Terms and other of our applicable policies, you are required to comply with Store's policies from time to time. In the event of any conflict between our policies and those of Store, the most restrictive policies will bind you.
Miscellaneous. Terms and your use of HomeView will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Suffolk or Middlesex Counties, Massachusetts. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of Terms. None of your rights or duties under Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under Terms. Subject to the foregoing, Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Reports. If you believe there is a violation of Terms and you would like to report it to us, please direct the information to support@HomeView.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with Terms or other applicable agreements between us and the alleged violator of Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.