PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. DeCesare Consulting LLC. D/B/A HOMEBASE360 (HOMEBASE360 / WE / US / OUR) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://HOMEBASE360.IO/ (THE WEBSITE) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE HOMEBASE360 MOBILE APPLICATION MADE AVAILABLE BY HOMEBASE360 AND THROUGH THIRD-PARTY MARKETPLACES (THE APP). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE TERMS OF SERVICE) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU MUST BE AT LEAST EIGHTEEN (14) YEARS OLD TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER UNITED STATES LAW BETWEEN YOU AND HOMEBASE360. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM YOU OR YOUR REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU'RE REGISTERED ON THE WEBSITE OR THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APP, OR THE SERVICE.
PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, THE APP, OR THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF COLORADO, UNITED STATES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. EACH OF THE PARTIES HEREBY ATTORNS TO THE EXCLUSIVE JURISDICTION OF THE PROVINCIAL AND FEDERAL COURTS LOCATED IN THE STATE OF COLORADO WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE.
NON-MOBILE APP USERS:
MOBILE APP USERS:
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.
PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY HOMEBASE360 IN ITS SOLE DISCRETION AT ANY TIME. You may read a current, effective copy of these Terms of Service by visiting the Terms of Service link on the Website and under the Settings — Terms of Service section of the App. When material changes are made, Homebase360 will send you an email and/or in-App notification. We will also update the Last Updated date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality, or services will become effective on the date the change is posted. Any material changes to the Terms of Service will be effective: (i) immediately if you are a new User of the Website, the App, and/or Service; and (ii) if you are an existing User of the Website, the App, and/or Service, upon the earlier of (a) thirty (30) days after notice is provided of such changes, which notice may be provided on the Website for existing Users or by dispatch of an e-mail or in-App notice, or (B) your acceptance of the updated Terms of Service. Homebase360 may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s) or otherwise do not agree with these Terms of Service, you shall stop using the Website, the App, and/or the Service. Otherwise, your continued use of the Website, the App, and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR THE APP'S SETTINGS PAGE TO VIEW THE THEN-CURRENT TERMS.
a) The Service. The Homebase360 service enables users to run a mobile service business, including, without limitation, CRM, scheduling, billing, invoicing, and payment integration functions, as well as the Homebase360 payment processing service, all as further described on the Website (the Service), and the underlying hardware, software, network storage, and related technology required to run the Service is provided by Homebase360 and its third-party vendors and hosting partners.
b) Your Privacy. We respect the privacy of our users. For more information, please see our Privacy Policy, located at https://homebase360.io/privacy and under the Settings — Privacy Policy section of our App (the Privacy Policy). By using the Website, the App, and/or the Service, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.
c) Additional Terms. Your use of the Website, the App, and the Service is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to the Website, the App, and the Service (or certain features and/or functionality thereof) that we may post on or link to from the Website, the App, or the Service (the Additional Terms). All such terms are hereby incorporated by reference into these Terms of Service and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will control.
Without limiting the foregoing, a description of certain features and/or functionality and corresponding Additional Terms are set forth below:
Optional features of the Service include Homebase360 Payments, a white-labeled payment solution that assists Users with accepting and processing payments from customers, and which is provided by a third-party payment processor. You may disable Homebase360 Payments at any time in your account settings.
a) Generally. You must provide your full legal name, a valid email address, and any other information requested to complete the signup process and access certain features of the Website, the App, and/or Service. If you choose to register for the Website, the App, and/or the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. You may also access the Website, App, and/or Service by accessing certain social networking services (SNSs) through which you have connected to the Website (each such account, a Third-Party Account), or an account with the provider of the App for the Users mobile device. Any personal information provided by you as part of the sign-up process for the Service will be used and stored in accordance with the Homebase360 Privacy Policy. We also collect email addresses from any users of the Service (the User) that downloads content from the Website.
b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual or on behalf of an organization, the billing contact person will be the default account owner (the Account Owner). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account, and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Homebase360. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or any other information that Homebase360 may reasonably request in its discretion. Homebase360 retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, Homebase360 reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
c) Third-Party Accounts. If you access the Website, the App, and/or Service through an SNS as part of the functionality of the Website, the App, and/or the Service, you may link your account with Third-Party Accounts by allowing Homebase360 to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Homebase360 and/or grant Homebase360 access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Homebase360 to pay any fees or making Homebase360 subject to any usage limitations imposed by such third-party service providers. By granting Homebase360 access to any Third-Party Accounts, you understand that Homebase360 may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, the App, and/or Service (Content) that you have provided to and stored in your Third-Party Account (SNS Content) so that it is available on and through the Website, the App, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (as defined in Section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website, the App, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable or the third-party service provider terminates Homebase360's access to such Third-Party Account or Homebase360 terminates access, then SNS Content will no longer be available on and through the Website, the App, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at privacy@homebase360.io. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND HOMEBASE360 DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You, and not Homebase360, will be responsible for any and all costs and charges associated with your use of any Third-Party Accounts. Homebase360 enables these Third-Party Accounts merely as a convenience, and the integration or inclusion of such Third-Party Accounts does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Website, the App, and/or the Services are between you and the third party. Homebase360 makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Homebase360 is not responsible for any SNS Content.
Homebase 360 App subscribers please refer to Section 13 below for details relating to subscription plans, fees, and service cancellation through the App.
Information on the current fees for Users who are registered for the Service can be found in the billing section of your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://homebase360.io/. From time to time, we may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by Homebase 360. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g., monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged.
Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 17 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Homebase 360’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless (i) in the case of monthly subscriptions, you cancel your subscription before the Renewal Commencement Date, and (ii) in the case of annual subscriptions, you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Homebase 360 that your annual subscription will be automatically renewed, you will have thirty (30) days from the date of the Homebase 360 notice), by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying Homebase 360 of the intended termination by phone.
Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. Homebase 360 does not accept any liability for such loss. If you cancel the Service before the end of your current paid up billing cycle, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you dispute any charges, you must let Homebase 360 know within sixty (60) days after the date that Homebase 360 charges you, or within such longer period of time as may be required under applicable law.
Collection Costs. You are liable for all costs we to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
Credits. Homebase 360 may, in its sole discretion, offer credits (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of Services and may not be applied to any previous purchase. Credits are non-transferable, non-refundable, and may not be redeemed for cash. A User's Credits will expire and will no longer be available on the later of: the date expressed in connection with the promotion (which may be canceled or discontinued in accordance with this section), the date such User terminates their subscription with Homebase 360, or twelve (12) months from the date the Credits are posted in such User's account. Homebase 360 reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you.
User Content and Other Materials. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted to the Website and/or App by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to Homebase 360 that you have the necessary rights under applicable law or have obtained the necessary consents from each end user whose personal information is provided by you to Homebase 360 in order to allow Homebase 360 to use, disclose, and otherwise process such personal information for the purposes described in our Privacy Policy. More generally, responsibility for User Content means that the viewer or user, and not Homebase 360, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Homebase 360 does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will Homebase 360 be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Service. You acknowledge that Homebase 360 does not pre-screen any such materials, but that Homebase 360 and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any materials that are available via the Service.
Service Content. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Homebase 360, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.
Copyright Complaints. Homebase 360 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Homebase 360 of your infringement claim in accordance with the procedure set forth here: https://homebase360.io/.
Restrictions Generally. Homebase 360 reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using the Website, the App and/or Service you shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit, or otherwise make available any material that:
is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user's privacy;
contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
poses or creates a privacy or security risk to any person; or
in the sole judgment of Homebase 360, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Homebase 360 or its users to any harm or liability of any type;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or App or impersonate another person or organization;
interfere with or disrupt the Website or App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;
collect or store personal information about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App;
modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify, or reverse engineer any part of the Website or App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, Homebase 360, or any other Homebase 360 service, except to the extent the foregoing restrictions are expressly permitted by applicable law;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Homebase 360 from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Acceptable Use. You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to Homebase 360. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Homebase 360) of other Homebase 360 customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.
Homebase 360 Provisioned Phone Numbers. Certain Homebase 360 plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, you will be solely responsible for the content and legality of any communications you transmit, collect, or store through this feature and you will indemnify Homebase 360 in respect of any claims arising in respect of the same. Company-specific numbers are non-transferable by you. On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, Homebase 360 may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.
Competitors. No employee, independent contractor, agent, or affiliate of any company providing job tracking and customer management software services for home service businesses is permitted to view, access, or use any portion of the Service without express written permission from Homebase 360. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Homebase 360 or any of its affiliates, or acting on behalf of a competitor of Homebase 360 in using or accessing the Service.
General Practices Regarding Use and Storage. You acknowledge that Homebase 360 may establish general practices and limits concerning the use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Homebase 360's or its third-party service providers' servers on your behalf. You agree that Homebase 360 has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Homebase 360 reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Homebase 360 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service; (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use Homebase 360; and (c) otherwise use de-identified User Content for the purpose of improving the Service. Homebase 360 will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
The App, the Website, and the information and materials contained therein (except for User Content), are the property of Homebase 360 and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Homebase 360 grants you a non-transferable, non-exclusive, revocable license to:
For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
With respect to the access through or download of the App from the Apple App Store, Google Play, or any other third-party marketplace (each an “app store”), you will only use the App:
The App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the Homebase 360 names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent, and all goodwill generated from the use of the foregoing will inure to Homebase 360's exclusive benefit. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or within the App. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
With respect to mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
The following applies to any mobile App you download from the Google Play Store (“Google-Sourced Software”):
The Service is not intended for visitors in countries or territories on the sanctioned lists of Canada (https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng) or the United States (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information). Access to the Service from such countries or territories, or by individuals where such access is otherwise illegal, is prohibited. By accessing the Service, you represent and warrant that you are not located in any such countries or territories and are not designated or described on any relevant list of prohibited, restricted, sanctioned, or debarred parties maintained by Canada or the United States. Software available in connection with the Service and the transmission of applicable data, if any, is subject to export controls, and no software (including the App) may be downloaded from the Service or otherwise exported or re-exported in violation of export laws. Downloading or using any software (including the App) is at your sole risk. In addition, we make no representation that the Service is appropriate or available for use outside of the United States and Canada.
The Service includes certain services that are available via a mobile device, including:
To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Homebase 360 or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Homebase 360 or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from Homebase 360 or its affiliates or partners for marketing or solicitation purposes to purchase Homebase 360's products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify Homebase 360 or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Homebase 360 account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier's standard message and data rates apply to any calls, text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
You can also invite others to use the Service or refer home service businesses through the Website or App by providing the numbers or other contact information of those you want to invite or provide a referral or by selecting the individuals you want to invite or provide a referral from your contacts list (if you have uploaded one) and taking the actions to send those individuals an invitation message or referral. By inviting others to use the Service or providing others a referral, you represent to us that those you invite or provide a referral to consent to receive the invitation messages or referrals and that you are authorized to convey that consent to us.
If you provide Homebase 360 with any suggestions, comments (including, without limitation, endorsements, reviews, and testimonials), or other feedback relating to any aspect of the Website, the App, and/or Service (“Feedback”), Homebase 360 may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving the Website, App, and/or Service, Homebase 360's other current and future services and products, and/or Homebase 360's advertising or marketing materials (collectively, “Homebase 360 Offerings”). Accordingly, you agree that:
You agree to cooperate with Homebase 360 in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including the performance of any components of the Service such as the account security and fraud prevention tools), and you agree that you will cooperate with Homebase 360 to ensure appropriate action is taken in response to such complaints where necessary.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Homebase 360 or may make it possible for you to elect to use third-party services with the Service, where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by Homebase 360 of that third party, third-party product or service. Homebase 360 is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties, including Third-Party Integration Partners. In order to receive access to a Third-Party Integration Partner's products or services, you will need, in most cases, to sign up directly with the Third-Party Integration Partner. For certain services offered by Third-Party Integration Partners, you will be required to pay a fee to Homebase 360 to turn on the third-party service. Any third-party websites or services (including those offered by Third-Party Integration Partners) are subject to the terms and conditions of those websites and/or services, and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Homebase 360 endorses or accepts any responsibility for the content or use of such websites, and you hereby release Homebase 360 from all liability and damages that may arise from your use of such websites or receipt of services from any such websites. While Homebase 360 does not prohibit linking to third-party websites and content, it does not wish to be linked to or from any third-party website that contains, posts, or transmits any of the prohibited content in Section 7 of these Terms of Service. Homebase 360 reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link that contains or makes available any content or information of the foregoing nature, at any time.
Homebase 360 may, from time to time, offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.
If you are using a payment integration, you must adhere to the applicable rules and regulations of such payment integrator. In addition, you are responsible for ensuring the security of any cardholder data in your possession, including any cardholder data that you collect, process, transmit, or store. It is also your obligation to inform your customers about your processing of their data and your responsibility for the same.
From time to time, Homebase 360 may invite you to use pre-release or beta features, technologies, or services that are in development and not yet available to all customers (Beta Services). Beta Services are provided on a trial or evaluation basis only and may be subject to additional terms and conditions. You must comply with all terms related to any Beta Services, and you grant Homebase 360 a non-exclusive, revocable, non-transferable limited license to use the Beta Services. Beta Services are provided as is and may contain bugs or errors. Homebase 360 disclaims all liability for any harm or damage arising from the use of Beta Services.
The Website, Service, App, and all materials provided are provided as is without warranties or guarantees of any kind. Homebase 360 does not warrant that the Service will meet your requirements, be uninterrupted, secure, or error-free, or that results obtained from the use of the Service will be accurate or reliable. Homebase 360 disclaims all representations, warranties, and conditions, and shall not be liable for any product or service advertised or offered by third parties through the Website or Service.
Homebase 360 shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Service. In no event shall Homebase 360's liability exceed the greater of one hundred US dollars ($100) or the amounts paid by you to Homebase 360 in the prior twelve (12) months. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.
You shall indemnify and hold Homebase 360 and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims, actions, demands, damages, losses, costs, and expenses incurred in connection with your use of the Service and any violation of these Terms of Service or rights of third parties.
You are solely responsible for canceling your account. Homebase 360 may terminate your access to the Service under certain circumstances. Sections 6, 9, 14, 15, 16, 17, 20, 21, 22, 23, and 24, any outstanding payment obligations, and any other rights or obligations that should survive, will survive termination or expiry of these Terms of Service.
Homebase 360 may alter, suspend, or discontinue the Website, App, and/or Service at any time and for any reason. The Website, App, and/or Service may be unavailable from time to time due to maintenance or technical issues. Homebase 360 may add or update information and materials on the Website, App, and/or Service without notice.
Homebase 360 maintains security measures to protect your data but cannot guarantee the security of communication to or from the Website or the App. You are responsible for creating a strong password and keeping your account secure. You may be liable for any actions or payment obligations incurred through your account.
You agree to keep confidential any information received in connection with the Service, including Beta Services. You shall not disclose or use any confidential information except for internal evaluation purposes. Certain exceptions to confidentiality may apply, such as previously known information, publicly known information, or independently developed information.
Any dispute or claim relating to the Service shall be resolved by binding arbitration, except for small claims and actions for equitable relief. Arbitration will be conducted according to the rules of an established alternative dispute resolution provider. The arbitrator's decision will be final and binding.
Homebase 360 will respond to valid legal requests in accordance with applicable laws. Charges may apply for addressing disclosure requests.
e) Waiver of Jury Trial: You and Homebase 360 hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. All claims and disputes shall be resolved by arbitration, except as specified in Section 22(a) above.
f) Waiver of Class or Other Non-Individualized Relief: All claims and disputes must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If precluded by applicable law, certain claims may be brought to provincial or federal courts in the United States.
g) 30-Day Right to Opt Out: You have the right to opt out of this Arbitration Agreement within 30 days of first becoming subject to it by sending written notice to Homebase 360. Opting out of this agreement has no effect on any other arbitration agreements you may have with us.
h) Severability: If any part of this Arbitration Agreement (except subsection (f)) is found to be invalid or unenforceable, the parties agree to replace it with a valid and enforceable provision. If subsection (f) is invalid or unenforceable, the entire Arbitration Agreement is null and void, unless it pertains to claims for public injunctive relief.
i) Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Homebase 360.
j) Modification: If Homebase 360 makes any material change to this Arbitration Agreement, you may reject the change within thirty (30) days. By rejecting the change, you agree to arbitrate any disputes according to the original Arbitration Agreement.
k) Confidentiality: All aspects of the arbitration proceeding will be strictly confidential for the benefit of all parties.
You agree that you are solely responsible for your interactions with other users of the Service, and Homebase 360 has no liability or responsibility with respect to such disputes.
These Terms of Service, together with the Homebase 360 Privacy Policy, the Homebase 360 Payments Terms of Service, and any other documents or guidelines incorporated by reference, constitute the entire agreement between the parties. These Terms of Service may not be modified except by a new posting by Homebase 360. If any part of these Terms of Service is deemed invalid, the remaining provisions remain valid and enforceable. Failure to enforce any right or provision does not constitute a waiver of that right or provision. Any claim or cause of action must be filed within one (1) year after it arises. Notices may be made via email or regular mail. The section titles are for convenience only. Homebase 360 may assign these Terms of Service without restriction.
DeCesare Consulting LLC.