TERMS AND CONDITIONS OF USE FOR HomeEcom. Effective Date: June 27th, 2023. Welcome to HomeEcom. These terms and conditions ("Terms") govern your use of the HomeEcom website at https://www.homeecomm.com, the HomeEcom web application at https://app.homeecomm.com, and the HomeEcom API at https://api.homeecomm.com (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. USE OF HomeEcom 1.1 Eligibility. You must be at least 18 years of age to use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years of age. 1.2 License. Subject to your compliance with these Terms, HomeEcom grants you a limited, non-exclusive, non-transferable, revocable license to use the Site solely for your personal, non-commercial use. 1.3 Prohibited Conduct. You agree that you will not use the Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site. You also agree not to: (a) use the Site to solicit or promote any illegal activity; (b) use the Site to harm or exploit minors; (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) use any robot, spider, scraper, or other automated means to access the Site or any content on the Site for any purpose without our express written permission; (e) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (f) use the Site to send or store any infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third-party privacy rights; (g) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any HomeEcomserver, or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means; (h) use any device, software, or routine to interfere with the proper functioning of the Site or any transaction conducted on the Site, or with any other person's use of the Site; (i) use the Site in a manner that violates any applicable law or regulation or these Terms; or (j) encourage or enable any other individual to do any of the foregoing. 1.4 Modifications to the Site. HomeEcom reserves the right to modify, suspend, or discontinue the Site or any portion thereof at any time, without notice to you. You agree that HomeEcom will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any portion thereof. ACCOUNTS 2.1 Registration. To use certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.HomeEcom reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. 2.2 Account Security. You are responsible for maintaining the confidentiality of your account login information and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities. 2.3 Account Termination. You may terminate your account at any time by contacting HomeEcom.HomeEcom may terminate your account at any time without notice, for any reason or no reason, including if HomeEcom believes that you have violated these Terms or any applicable law, rule, or regulation, or if you have engaged in any conduct that HomeEcomdeems to be inappropriate, harmful, or offensive. 2.4 Account Information. You acknowledge and agree that HomeEcom may access, preserve, and disclose your account information and any content submitted by you if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HomeEcom, its users, or the public. CONTENT 3.1 Ownership. You acknowledge and agree thatHomeEcom owns all legal right, title, and interest in and to the Site, including any intellectual property rights that subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. 3.2 User Content. You are solely responsible for any content that you submit to the Site (collectively, "User Content"). You acknowledge and agree that HomeEcom does not endorse any User Content and is not responsible or liable for any User Content. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize HomeEcom to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any User Content in the manner contemplated by these Terms. 3.3 License. By submitting any User Content to the Site, you grant HomeEcom a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and HomeEcom's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. 3.4 Removal. HomeEcom reserves the right, but is not obligated, to review any User Content and to remove any User Content at any time and for any reason, including if HomeEcom determines in its sole discretion that the User Content violates these Terms or is otherwise inappropriate. PRIVACY 4.1 Privacy Policy. Your use of the Site is subject to HomeEcom's Privacy Policy available at [insert hyperlink to Privacy Policy] which is incorporated by reference into these Terms. DISCLAIMER OF WARRANTIES 5.1 No Warranties. The Site is provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Site, including without limitation the software licensed to you and the results obtained through the Site. 5.2 Use at Your Own Risk. You acknowledge and agree that your use of the Site and any content or services provided through the Site is at your own risk. You acknowledge and agree that HomeEcom is not responsible or liable for any harm, loss, or damage (including but not limited to personal injury, property damage, loss of data, or loss of profits) arising from or related to your use of the Site or any content or services provided through the Site. LIMITATION OF LIABILITY 6.1 Limitation of Liability. To the fullest extent permitted by law, HomeEcom shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if HomeEcom has been advised of the possibility of such damages), arising out of or in connection with your use of the Site or any content or services provided through the Site. 6.2 Maximum Liability. To the fullest extent permitted by law, HomeEcom's total liability to you in connection with the Site or these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, toHomeEcom during the twelve (12) months immediately preceding the event giving rise to the liability. INDEMNIFICATION 7.1 Indemnification. You agree to indemnify and hold harmless HomeEcom, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or any content or services provided through the Site, (b) your User Content, or (c) your violation of these Terms or any applicable law or regulation. GENERAL 8.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the [state/country] without giving effect to any principles of conflicts of law. 8.2 Dispute Resolution. Any dispute arising out of or in connection with these Terms or the Site shall be resolved through binding arbitration in accordance with the [state/country] Arbitration Act. The arbitration shall be conducted in [city, state/country] before a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed by the [state/country] Arbitration Association. The arbitration shall be conducted in English and the decision of the arbitrator shall be final and binding on the parties. 8.3 Entire Agreement. These Terms constitute the entire agreement between you and HomeEcom regarding the use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms. 8.4 Waiver and Severability. The failure of HomeEcom to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions of these Terms shall remain in full force and effect. 8.5 Assignment. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without HomeEcom's prior written consent. HomeEcom may assign these Terms or any of its rights or obligations hereunder, without your prior written consent. By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.
