IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITES AND MOBILE APPLICATIONS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "TECHNOLOGY") OF HOMESTACK INC FORMERLY EXURO MARKETING CONCEPTS, LLC. ("HOMESTACK") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY DOWNLOADING AND/OR INSTALLING ANY SOFTWARE, ACCESSING THE HOMESTACK WEBSITE OR BY UTILIZING THE HOMESTACK APPS OR BY ENGAGING WITH ANY OTHER HOMESTACK SOFTWARE OR PRODUCTS (COLLECTIVELY KNOWN AS “TECHNOLOGY”) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE TECHNOLOGY IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
This is a legal agreement ("Agreement") between You and HOMESTACK for use of the TECHNOLOGY, including but not limited to mobile applications, websites, documents and files, sales agreements, etc, which You selected or initiated. "You" refers to the individual who is using or accessing the TECHNOLOGY, whether as a consumer/user for consumer use or as a registered agent with HomeStack as a software licensee. If You do not agree with the terms of this Agreement, do not use or access the TECHNOLOGY or, when applicable, click the "Cancel" button.
Any software associated with the TECHNOLOGY and/or software products is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
HOMESTACK will provide TECHNOLOGY in accordance with this Agreement. In order to use certain TECHNOLOGY products You may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the TECHNOLOGY which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that software or product. HOMESTACK may at its sole discretion, discontinue the TECHNOLOGY or modify the features of the TECHNOLOGY from time to time without prior notice. Use of the TECHNOLOGY requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the TECHNOLOGY involves hardware, software, and Internet access, Your ability to use such TECHNOLOGY may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
You may be required to provide information about Yourself in order to register for and/or use certain TECHNOLOGY. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your username and password and agree not to disclose such to any third party. You agree that You are solely responsible for the content ("CONTENT") sent by You or displayed or uploaded by You in using the TECHNOLOGY. CONTENT includes but is not limited to images, documents, contact information, messages, etc. You agree that You will not use the TECHNOLOGY to send unsolicited commercial e-mail and/or SMS (Text Message) outside Your company or organization in violation of applicable law. You agree and confirm that all communication and CONTENT you either import, export, upload and/or send through the TECHNOLOGY including via email, SMS or other electronic delivery has the proper authorizations and 3rd party opt-ins. You further agree not to use the TECHNOLOGY to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You further agree not to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect the performance of the TECHNOLOGY in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of HOMESTACK or other users of TECHNOLOGY. Recognizing the global nature of the Internet, You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which You reside. HOMESTACK reserves the right to investigate and take appropriate action against anyone who, in HOMESTACK's sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the TECHNOLOGY is void where prohibited. Although HOMESTACK is not responsible for any Content in violation of this provision, HOMESTACK may delete any such CONTENT of which HOMESTACK becomes aware, at any time without notice to You. You retain copyright and any other rights You already hold in CONTENT which You submit, post or display on or through, the TECHNOLOGY. You understand and agree that by displaying, exchanging or transmitting Content using the TECHNOLOGY, You automatically grant (and warrant and represent You have a right to grant) to HOMESTACK the right to forward and display the meeting CONTENT to others participating in a HOMESTACK meeting with you.
It is possible that other users of the TECHNOLOGY ("Users") may violate one or more of the above prohibitions. HOMESTACK assumes no responsibility or liability for such violation. If You become aware of any violation of this Agreement in connection with the use of the TECHNOLOGY by any person, please contact HOMESTACK at SUPPORT@HOMESTACK.COM. HOMESTACK may investigate any complaints and violations that come to it's attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, HOMESTACK also reserves the right not to take any action. Under no circumstances will HOMESTACK be liable in any way for any data or other content viewed while using the TECHNOLOGY, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. If at any time You are not happy with the TECHNOLOGY, Your sole remedy is to cease using the Apps.
You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Although we cannot absolutely control whether minors gain unauthorized access to the TECHNOLOGY, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
HomeStack TECHNOLOGY may include costs and fees for licensing and usage depending on the product and/or software, type or user and intended use. If the TECHNOLOGY You are using is subject to any costs or fees through other HOMESTACK agreements such as the Terms of Sale, You agree that HOMESTACK may charge to Your credit card or other payment mechanism to pay such costs and fees. These costs and fees include all amounts due and owing for theTECHNOLOGY, including TECHNOLOGY fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. HOMESTACK may change prices at any time, including changing from a free service to a paid service, unless otherwise noted through written correspondence with HOMESTACK. If HOMESTACK changes any pricing for TECHNOLOGY, including that which was previously offered free of charge, You will be provided with prior notice and an opportunity to terminate Your Account if HOMESTACK. Changes the price of the TECHNOLOGY to which You are subscribed and will not charge you for a previously free App unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event HOMESTACK is unable to collect the fees owed to HOMESTACK for the TECHNOLOGY through Your Account, HOMESTACK may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by HOMESTACK in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that HOMESTACK may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
The TECHNOLOGY may be used for internal business or consumer purposes only. You will not reproduce, resell, or distribute the TECHNOLOGY or any reports or data generated by the TECHNOLOGY for any purpose unless You have been specifically permitted to do so under a separate agreement with HOMESTACK. You will not offer or enable any third parties to use the TECHNOLOGY purchased by You, excluding TECHNOLOGY users you approve, display on any website or otherwise publish the TECHNOLOGY or any Content obtained from a TECHNOLOGY (other than Content created by You) or otherwise generate direct income from the TECHNOLOGY or use the TECHNOLOGY for the development, Appion or marketing of a service or technology/software substantially similar to the TECHNOLOGY. You shall not engage in any activity or use the TECHNOLOGY in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt theTECHNOLOGY, or any servers or networks connected to the Apps or HOMESTACK's security systems.
HOMESTACK and/or its suppliers, as applicable, retain ownership of all proprietary rights in the TECHNOLOGY and in all trade names, trademarks, service marks, logos, and domain names ("HOMESTACK Marks") associated or displayed with the TECHNOLOGY. You may not frame or utilize framing techniques to enclose any HOMESTACK Marks, or other proprietary information (including images, text, page layout, or form) of HOMESTACK without express written consent. You may not use any meta tags or any other "hidden text" utilizing HOMESTACK Marks without HOMESTACK's express written consent.
Consumer users of any TECHNOLOGY may terminate this agreement by ceasing to use the TECHNOLOGY and removing any installed software (including cookies) from the appropriate devices and hardwares. Licensees/Agents can terminate their account using the HOMESTACK Cancellation Policy found at www.homestack.com/support under the section of cancelation policy. Termination of this agreement for Licensee/Agents is subject to the successful completion of the terms and conditions set forth in the HOMESTACK Cancellation policy. If You fail to comply with any provision of this Agreement, HOMESTACK may terminate this Agreement immediately without notice. Sections 2 through 15, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the TECHNOLOGY and destroy any copies of associated software within Your possession and control. You will not destroy or attempt to harm any TECHNOLOGY or associated software on HOMESTACK's servers or HOMESTACK's network.
You acknowledge that the TECHNOLOGY, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the TECHNOLOGY or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the TECHNOLOGY contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the TECHNOLOGY, may cause irreparable injury to HOMESTACK, its affiliates, suppliers and any other party authorized by HOMESTACK to resell, distribute, or promote the TECHNOLOGY ("Resellers"), and under such circumstances HOMESTACK, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
YOU UNDERSTAND AND AGREE THAT THE TECHNOLOGIES ARE PROVIDED "AS IS" AND HOMESTACK, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOMESTACK, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TECHNOLOGY, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TECHNOLOGY OR THAT THE TECHNOLOGY WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE TECHNOLOGY IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPS IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE TECHNOLOGY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TECHNOLOGY REMAINS WITH YOU. HOMESTACK DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. HOMESTACK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE TECHNOLOGY. USE IS AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless HOMESTACK, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the TECHNOLOGY, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the TECHNOLOGY are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, HOMESTACK, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOMESTACK OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TECHNOLOGY OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF HOMESTACK, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HOMESTACK'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPS (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
15.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Los Angeles County, California and the federal courts in the Southern District of California.
15.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
15.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the TECHNOLOGY, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. HOMESTACK may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. HOMESTACK will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within five (5) business days of posting changes to this Agreement, they will be binding on You. If You do not agree with the changes, You should discontinue using the TECHNOLOGY. If You continue using the Apps after such five-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain TECHNOLOGY, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to HOMESTACK under this Agreement must be provided to the email address set forth in Section 9 above, or other contact information as provided by HOMESTACK for such purpose. Any and all rights and remedies of HOMESTACK upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on HOMESTACK, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.