817-646-8033
homeowner@homestop.us
...
817-646-8033
homeowner@homestop.us

Terms of Use

HomeStop Inc.Test

 

TERMS OF USE

 

Effective date: February 1, 2023

 

HomeStop Inc.(“HomeStop”) is a marketplace servicing and providing trade professionals for a range of home services.

 

These Terms of Use (the "Terms" or the "Agreement") set forth the binding legal agreement between you and HomeStop Inc. These Terms govern your use of www.HomeStop.us, and all of the related websites, mobile apps, products, software, services, programs, and networks offered by HomeStop, including our plug-ins and browser extensions (collectively, the "HomeStop Platform").

 

 

These Terms provide important information to you, including your agreement under Section 10 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 10 below. The Terms also cover your agreement to grant us rights to Your Content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

 

1. Which Terms Apply to You

We encourage you to review these Terms carefully. By accessing or using the HomeStop Platform in any way, including browsing www.HomeStop.us or related websites, you are agreeing to these Terms. Other agreements and policies listed below also apply to your use of the HomeStop Platform. If you do not agree to any of the agreements and policies, you cannot use the HomeStop Platform. 

The following apply to all users of the HomeStop Platform: 

  • Terms of Use: these Terms govern your use of any and all aspects of the HomeStop Platform. 

  • Privacy Policy: Our Privacy Policy details our privacy practices. By using the HomeStop Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on HomeStop. This also applies to the use of cookies and similar technologies.

  • Acceptable Use: When using the HomeStop Platform, you agree to abide by common standards of etiquette and act in accordance with the law.

  • Copyright & Trademarks: Users who upload, submit, or provide material to or on the HomeStop Platform are subject to the common standards of etiquette and to act in accordance with the law. 

  • HomeStop Terms & Conditions: If you have a professional account or use the HomeStop Platform as a professional or business, your professional profile and use of HomeStop is also governed by the HomeStop Terms & Conditions. 

  • Policies from Third-Party Service Providers & Partners: HomeStop may partner with other third party service providers (e.g., for financing options) and/or integrate with products and services provided by third parties with their own agreements and policies. HomeStop is not a party to your agreement or terms with that third party. For example, if you access the HomeStop mobile application, you may also be subject to separate agreements and policies from Apple, Inc. or Google Inc.  

FOR THE AVOIDANCE OF DOUBT, BY USING THE HOMESTOP PLATFORM AND ANY HOMESTOP PRODUCT, SOFTWARE, OR SERVICE IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT LISTED IN SECTION 10.  In the event of any conflict between these Terms and the terms of any separate agreement that you may enter into with HomeStop, the terms of this Agreement will control as to the specific conflict only.  

 

2. Using the HomeStop Platform.

  • Who can use it. Anyone over 18! Use of the HomeStop Platform by anyone under 18 years of age is strictly prohibited. Additional requirements for use of HomeStop may apply as set forth in the HomeStop Terms and Conditions.

  • Creating an Account. Access to certain functionalities of the HomeStop Platform will require you to sign up with us and to create an account on our Platform. If you create an account, you agree to provide us with accurate information and update your information, including updating the email address associated with your account, as needed for accuracy and notification. We will treat personal information you provide as part of creating an account in accordance with our Privacy Policy.

  • Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the HomeStop Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any HomeStop policy.  Upon termination of your use of the HomeStop Platform or termination from an individual HomeStopgram, such as HomeStop, certain provisions will survive termination, as detailed in Section 12(j).

3. Your Content.

  • Definition of Your Content. The HomeStop Platform enables you to post, upload, or otherwise submit materials, including without limitation photos, reviews, feedback (as explained below), profile pictures, ideabooks, messages, comments, proposals, invoices, to-do lists, notes, schedules, change orders, time and expense tracking, Room Boards and/or tear sheets. You may also post reviews of professionals, third-party service providers, third-party products, merchants, or third-party services. All materials that you post on the HomeStop Platform or otherwise provide to HomeStop will be referred to collectively as "Your Content."

  • License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable HomeStop program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

  • Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to HomeStop product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for HomeStop Business Purposes. "HomeStop Business Purposes" means any use in connection with a HomeStop-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the HomeStop Platform, the services or the information it contains, HomeStop, or its affiliates. HomeStop Business Purpose specifically includes the use of Your Content on the HomeStop Platform in connection with features and functions offered by HomeStop to our users that enable them to view and interact with Your Content.

  • Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the HomeStop Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate HomeStop's policies or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content.

  • Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our policies) without notice. We do not guarantee that we will publish or remove all of Your Content.

  • Feedback and Reviews: We welcome your feedback and suggestions about how to improve the HomeStop Platform. Feel free to submit feedback by sending an email to service@HomeStop.com or by writing to us at Attn: Legal, HomeStop Inc. 401 Crowley Rd., Arlington, TX 76012.  All reviews provided for products, professionals, or other third parties via the HomeStop Platform are also subject to HomeStop’s Policies.  For the avoidance of doubt, reviews and feedback are also Your Content. By submitting feedback or reviews in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you, as further described in Section 3(b) below.  

4. Our Content and Materials.

  • Definition of Our Content and Materials. All intellectual property in or related to the HomeStop Platform (specifically including, but not limited to, our software, the HomeStop marks, the HomeStop logo, and HomeStop buttons, badges, and widgets, but excluding Your Content), is the property of HomeStop Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").

  • Our License to You. Subject to these Terms of Use, including the restrictions below, we grant you a limited non-exclusive license to use and access Our Content and Materials in connection with your use of the HomeStop Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a professional profile or your entering into a Pro Services, seller, vendor, advertiser, trade, or other agreement with us), your use of the HomeStop Platform must be limited to personal non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

  • Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. HomeStop's permission to you for your use of the HomeStop Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the HomeStop Platform. You may view and print a reasonable number of copies of web pages located on the HomeStop Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to HomeStop.

  • Ownership. You acknowledge and agree that the HomeStop Platform and HomeStop marks will remain the property of HomeStop. The content, information and services made available on the HomeStop Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the HomeStop Platform.

  • HomeStop Buttons, Links and Widgets. You have permission to use the HomeStop buttons, links and widgets, subject to these Terms of Use (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the HomeStop Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate our policies.

5. Reporting Violations of Your Intellectual Property Rights, HomeStop Policies, or Applicable Laws.

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.  HomeStop may disclose communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

 

6. Payments and Other Offerings on the HomeStop Platform.

  • Payment Method. HomeStop has the right to store certain information about your payment methods. You must promptly update your payment method and related information (for example, a change in your billing address or credit card expiration date) to maintain its accuracy and completeness. We may update the information and continue billing your payment method (e.g., credit card) even after it has expired or been updated, to fulfill transactions you authorize.

  • Late Fees. If we are unable to collect amounts owed by you, we may limit your use of the Pro Services. You agree that we may collect those amounts owed using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. In the event that HomeStop brings any action or suit to collect any amounts owed, HomeStop will be entitled to recover its costs, including reasonable attorneys' fees incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.

  • Outstanding Balances. For any amounts owed to HomeStop by you, including for any chargebacks, refunds, return allowances, non-compliance fees (collectively, "Outstanding Balances"), HomeStop may (a) charge any credit card we have on file for you in the amount of any Outstanding Balances or (b) submit an invoice to you for any Outstanding Balances. 

  • Invoice Payments. If you use the HomeStop Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. 

  • Credit Card Disputes. If you are involved in a credit card dispute involving a payment made through or in connection with the HomeStop Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.

  • Plant and Seed Exchange. You may be offered the ability to exchange plants or seeds with other users in the exchange forums. Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges.

  • Embedding. If you embed any content, which enables you to link to content on the HomeStop Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.

  • Promotional Discounts, Coupons, & Offers. From time to time, HomeStop may offer promotional coupons. Promotional coupons may be valid for a limited time only and expire on the date indicated. 

7.  Third Party Content, Services & Providers.

  • Third-Party Content. The HomeStop Platform enables access to third-party content, products, and services, such as access to services from professionals, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, HomeStop does not conduct background checks or otherwise vet the professionals listed on the HomeStop Platform. Participation or availability on the HomeStop Platform does not amount to endorsement or verification by us, and HomeStop does not endorse or recommend the products, services, or other offerings by any professional, merchants, or other third party featured on the HomeStop Platform, including leads provided through Project Match or Select Match. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the HomeStop Platform by anyone.

  • Third-Party Services. You may be provided the opportunity on the HomeStop Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by professionals registered with Professional Profiles on the HomeStop Platform. The availability of any Third-Party Services on the HomeStop Platform does not imply our endorsement of the Third-Party Services.

  • Third-Party Sites. The HomeStop Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

8.  Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HOMESTOP INC. TO YOU.

HOMESTOP INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  • WE ARE PROVIDING YOU THE HOMESTOP PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HOMESTOP EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

  • HOMESTOP MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE HOMESTOP PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE; AND (vi) USE OF THE HOMESTOP TOOLS, INCLUDING THEIR ACCURACY, COMPLETENESS, RELIABILITY, AND RESULTS.

  • YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, HOMESTOP WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE HOMESTOP SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE HOMESTOP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE HOMESTOP PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO HOMESTOP IN CONNECTION WITH THE HOMESTOP PLATFORM IN THE ONE (1) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE HOMESTOP PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

9. Indemnification.

You agree to fully indemnify, defend, and hold the HomeStop and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement; (b) any allegation that any materials you submit to us or transmit to the HomeStop Platform, including Your Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your use of and your activities in connection with the HomeStop Platform or other websites to which the HomeStop Platform is linked; and/or (d) your negligent or willful misconduct.

 

10. Dispute Resolution & Governing Law.

This Policy shall be governed under the laws of the State of Texas, United States of America without regard to its conflicts of law provisions.

If you have a dispute with HomeStop, you agree to contact us through service@homestop.us to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the HomeStop Platform or involves our services. If you live outside of the United States and do not use the HomeStop Platform as a professional or business, disputes may also be covered by some mandatory provisions of your local consumer protection law.

  • Binding Arbitration. You and HomeStop agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the HomeStop Platform (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and HomeStop both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against HomeStop in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

  • Class Action Waiver. You and HomeStop agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and HomeStop both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and HomeStop agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

  • Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (if you use the HomeStop Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the "AAA Rules"), except as modified by this "Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).

  • Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

  • Arbitration Location and Procedure. The seat of the arbitration shall be in Dallas, Texas, unless you and HomeStop agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and HomeStop submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

  • Arbitrator's Decision and Governing Law. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.

  • Fees. Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

  • Opt-Out. You have the right to opt out of the arbitration provisions of Section 8 by sending a written notice of your decision to opt out to the following address: Attn: Legal, 401 Crowley Rd., Arlington, TX 76012. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 8(h). You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.

Governing Law & Jurisdiction: This Agreement will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Dallas, Texas for any actions for which the arbitration provision, as set forth in Section 8, does not apply.  

 

Disputes with Other Users: If you have a dispute with another user on the HomeStop Platform or with any third party, you agree that HomeStop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release HomeStop, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the HomeStop Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

11. Communications.

You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the HomeStop Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the HomeStop and its professional partners, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the HomeStop Platform, updates concerning new and existing features on the HomeStop Platform, communications concerning promotions run by us or third parties, and news relating to the HomeStop Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from HomeStop, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from HomeStop.

If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the HomeStop Platform, you may opt-out or unsubscribe using your settings.

 

12. Miscellaneous.

  • Notice for California Users. Under California Civil Code Section 1789.3, California users of the HomeStop Platform are entitled to the following specific consumer rights notice: The services are provided by HomeStop Inc., 401 Crowley Rd, Arlington, Texas 76012 . If you have a question or complaint regarding the Service, please contact HomeStop at service@HomeStop.com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

  • Export. The HomeStop Platform is controlled and operated from our United States offices in Texas. HomeStop software is further subject to United States export controls. No software for HomeStop may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.

  • Changes. We reserve the right to:
        i. change the terms of this Agreement, consistent with applicable law;
        ii. change the HomeStop Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
        iii. deny or terminate your HomeStop account, or use of and access to the HomeStop Platform.
    If we make material changes to the Terms, we will notify you through the HomeStop Platform, by email, or by other means, to offer you an opportunity to review the changes before they become effective. You agree that your continued use of the HomeStop Platform after such changes become effective constitutes your acceptance of the changes. If you do not agree with any updates to this Agreement, you may not continue to use the HomeStop Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use. Any changes to the Terms will be effective on a going forward basis.

  • Languages. The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.

  • Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with HomeStop's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. HomeStop may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

  • Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

  • Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

  • Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

  • Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the HomeStop Platform and constitutes the entire agreement between you and us regarding the HomeStop Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.

  • Survival. The following provisions will survive expiration or termination of this Agreement: Section 3 (Your Content), Section 4(c) (Restrictions) and 4(d) (Ownership), Section 8 (Disclaimers and Limitations of Liability), Section 9 (Indemnification), Section 10 (Dispute Resolution) and Section 12 (Miscellaneous).

  • Contact. Feel free to contact us with any questions about this Agreement at Attn: Legal, HomeStop Inc., 401 Crowley Rd., Arlington, TX 76012.