Hhomey – Website Terms and Conditions of Use

These Terms of Use are a legally binding contract between you and Hhomey LLC, a Limited Liability Company (“Hhomey,” “we,” or “us”) regarding your use of Hhomey’s website available at hhomey.com and any associated online services and mobile applications (the “Service”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING, INDICATING YOUR AGREEMENT WITH THESE Terms of Use THROUGH THE SERVICE, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE HHOMEY PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.

These Terms provide that all disputes between you and Hhomey with respect to your use of the Service will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 27 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Hhomey.

1. The Service Overview.

The Service is intended only as a platform to facilitate individuals seeking professional Care Services (“Clients” and “you”) and individuals providing independent, professional Care Services (“Providers”) doing business with each other. As used on the Service, Care Services include assistance with Activities of Daily Living (ADLs) such as dressing, grooming, feeding, bathing, toileting, and transferring; and Instrumental Activities of Daily Living (IADL) such as meal preparation, driving, light housework, managing finances, medication reminders, and arranging medical care. You may not access or use the Service for any other purpose. We are not a Provider or Client, and we do not provide Care Services.

You may not circumvent the Service by using the Service to connect with Clients and then engage with those Clients for services outside of the Service. The Service may not be used by any person or organization to recruit, solicit, or contact in any form Clients for employment or contracting for a business not affiliated with Hhomey without express written permission from Hhomey. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Service (“Communications Data”).

2. The Service Does Not Provide Medical or Legal Advice.

THE SERVICE IS NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. EMERGENCIES AND URGENT QUESTIONS SHOULD BE DIRECTED IMMEDIATELY TO QUALIFIED PROFESSIONALS (E.G., CALL 911 AND/OR VISIT AN URGENT CARE CENTER). HHOMEY IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL CARE OR ADVICE. The Service, and the content and information available through it, should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in the Service is provided by Hhomey for general information purposes only and does not provide complete medical information. Nothing contained in the Service is intended to replace a physician-patient relationship, or to be a substitute for medical advice. You further acknowledge that the Service, content available on the Service, and Hhomey customer service contacts are not intended for use in an emergency response situation and are not suitable for use in such situations where failure, delay, inaccuracies, or errors in the Service or content available through the Service could lead to death or personal injury. The Service, content available on the Service, and Hhomey customer service contacts cannot be considered a lifesaving solution, and they are not a substitute for emergency services. You may not post medical information or similarly sensitive personal information about Clients to the Service.

The Service and content on the Service is presented for informational purposes only. The Service contains sample forms that you can use and revise as appropriate to memorialize the terms and conditions under which a Client employs you. We do not and will not provide legal advice. Your use of the Service or any content available on the Service does not create an attorney-client relationship with Hhomey, nor does such use constitute the receipt of legal advice from Hhomey. You should not act or refrain from acting based on the content of any of the Service without seeking legal counsel from a properly licensed attorney.

3. Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are an individual who is at least 18 years old and lives in the United States; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (d) you have read and agree to our Privacy Policy, as further described in Section 16 below. If you use or register an account on the Service on behalf of a company, entity, or organization (each an “Organization”) or on behalf of another person (“Other Person”), then you represent and warrant that you: (aa) are an authorized representative of that Organization or Other Person with the authority to act on behalf of and bind the Organization or Other Person to these Terms, and (bb) are bound by these Terms on behalf of the Organization or Other Person. You may not use the Service if you have ever been (y) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (z) registered, or currently required to register, as a sex offender with any government entity.

You authorize us to take steps to verify your compliance with these Terms, which may include, without limitation, reviewing criminal background checks you provide to us and using other available public records, but we are not required to take such steps. We may take any action we deem appropriate in our sole discretion, including but not limited to terminating your account and access to the Service, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of these Terms. Termination of your access to the Service does not affect the validity of any of your agreements with Providers and Clients unless otherwise stated therein.

4. Accounts and Registration.

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, address, email address, telephone number, and birth date. You agree that the profile information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process we may use this information to verify your eligibility to use the Service. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us by calling (310) 426-8153 or by sending an email to: hello@hhomey.com.

5. Location Based Services for Providers.

Some of the features of the Service may enable Hhomey to access Providers’ location in order to facilitate time-keeping features of the Service based on device location (“Location-based Services”). In order to use certain Location-based Services, as a Provider, you may be asked to enable certain features of your mobile phone, which enable Hhomey to identify your location through a variety of means, including GPS location, IP address, or cellular, Wi-Fi, or Bluetooth signals, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Service, including the time-keeping function, and we may terminate your account. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Service; (ii) Hhomey may provide Location-based Services related to and based on your then-current location; and (iii) Hhomey may use any such information collected in connection with provision of the Service.

6. Not Responsible for the Actions or Inactions of Any Users.

We are not responsible for, and disclaim any liability for the actions or inactions of users on or off the Service. Neither we nor any of our owners, subsidiaries, affiliates, agents, or contractors shall be liable for any services, information, or advice obtained from a Provider or otherwise provided on or through the Service.

a) You agree that we do not control or guarantee any aspect of the services, advice, or information provided by Providers to you. We do not provide, and have no obligation to monitor or review, any advice or information provided by users.
b) We do not place Providers with you. Likewise, while we will provide a list of Providers whose profiles may meet your needs, we are not responsible for the ultimate selection or the employment decisions you make. We will assist you by comparing the Provider’s qualifications and work preferences with your needs to produce a list from which you can choose and will be available to discuss those choices at your request. We do not make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility, or actions of Providers whether in public, private or offline interactions. For example, search results on the Service may list Providers in a certain order, but the ordering of search results is not a recommendation of any of them. While we cannot guarantee any Provider’s level of performance or work ethic, we take steps to ensure that Providers who participate on the Hhomey website are reputable and have good references. We do not supervise, train, provide performance management services, provide any tools, supplies, or equipment, or play any role in the employment of Providers whom you hire.
c) If you have any concerns about other users, including concerns about a Provider’s credentials or experience, we encourage you to contact us at compliance@hhomey.com. We welcome your feedback about your experience with Providers so that other users can benefit from that information. You agree to take reasonable precautions in all interactions with other users of the Service
d) The Service may permit you to submit reviews or ratings about Providers. You agree that any reviews or ratings you post will be factually accurate, unbiased, first-hand descriptions for which you have not received compensation. Reviews and ratings should not be fake or defamatory and should not be submitted as a favor to a friend or as compensation. You should not post reviews and ratings to promote a business or other commercial venture, or otherwise use the Service for commercial purposes, except in alignment with the stated purpose of the Service or as expressly permitted by us. Reviews should be relevant to the provision of care and they should not include complaints about political ideologies or other matters that don’t address the core of the consumer experience. You are responsible for the reviews and ratings you post, and we disclaim any responsibility or liability with respect to them.
e) To the extent you have access to information about others on the Service, you are permitted to use such information only for the purposes of the Service, such as to check references and communicate about providing and receiving care.

7. Licenses

a) Limited License.

Subject to your ongoing compliance with these Terms, Hhomey grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use for lawful purposes.

b) License Restrictions.

Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Service or any part thereof; or (iii) interfere with or circumvent any feature of the Service or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

c) Open Source Software.

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

8. Agreements among Providers and Clients.

Clients and Providers are the parties that negotiate the terms under which the Client will employ the Provider. We provide a communications platform and agreement templates, but we are not a party to any agreement among users. At no time do we employ Providers.

By providing us with your contact information and using the Service, you agree to receive communications, including via e-mail and phone calls (including text messages and calls made using an autodialer or prerecorded voice message), and push notifications from or on behalf of Hhomey or Clients at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

Hhomey may, without further notice or warning and in our discretion, monitor and/or record voice calls and text message-based communications for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others, and you hereby consent to such monitoring and recording.

IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF SMS and MMS TEXTS FROM US, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

10. Notifications and Automatic Alerts.

Under some circumstances, Hhomey may present you with notifications, prompts with links to additional information, or suggested actions based on Hhomey’s analysis of your Communications Data and other information you have provided to Hhomey. Hhomey makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any notifications. You accept that any reliance on these notifications will be at your own risk, and Hhomey disclaims all liability arising from your use of them or reliance upon them.

11. User Content

a) User Content Generally.

Certain features of the Service may permit you and other users to upload content to the Service, including Communications Data and other messages, reviews, images, data, text, and other types of information (“User Content”) and to publish User Content on the Service. You retain any copyrights, moral rights, and any other proprietary rights that you may hold in the User Content that you post to the Service.
b) Limited License Grant to Hhomey.

By posting or publishing User Content, you grant Hhomey a worldwide, non-exclusive, royalty-free, fully paid, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in accordance with our Privacy Policy, in any media formats and through any media channels now known or hereafter developed.
c) Limited License Grant to Other Users.

By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
d) User Content Representations and Warranties.

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Hhomey and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Service, Hhomey, and these Terms; and
- your User Content, and the use of the Service as contemplated by these Terms, does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (3) cause Hhomey to violate any law or regulation, including laws related to the privacy of personal or health information.
e) User Content Disclaimer.

We are under no obligation to monitor, edit, or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content or any failure to review or act upon User Content. Hhomey may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. Furthermore, you acknowledge that certain User Content, such as product reviews, may be “sponsored” or otherwise incentivized by Hhomey or third parties, and that Hhomey is not responsible for any inadequate disclosure of potential conflicts of interest by the producers or publishers of such User Content. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Hhomey with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

12. Procedure for Unlawful User Content.

a) General.

If you believe that any User Content does not conform to these Terms, please notify us by emailing us at hello@hhomey.com.
b) DMCA Notification.

We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent at the following address: Email: compliance@hhomey.com Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Content is infringing, you may be subject to civil or criminal penalty. Any notice under the Digital Millennium Copyright Act (the “DMCA”) alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include all of the information required by the DMCA for such notices.
c) Repeat Infringers.

Hhomey will take steps to promptly terminate without notice the accounts of users that are determined by Hhomey to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least three times.

13. Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

a) use or access the Service (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
b) conduct activities that may be harmful to others or that could damage Hhomey’s reputation;
c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right;
d) post, upload, or distribute marketing or advertising links or content (except as expressly permitted by Hhomey), or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
e) use scrapers, robots, or other data gathering devices not provided by Hhomey on or through the Service;
f) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
g) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information, Communications Data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
h) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Service account without permission, or falsifying your account registration information;
i) modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
j) assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 18) or any right or ability to view, access, or use any Material; or
k) attempt to do any of the acts described in this Section 13, or assist or permit any person in engaging in any of the acts described in this Section 13.

14. Third-Party Services and Linked Websites.

Websites and services provided by third parties are not under our control, and we are not liable for any third party services. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content.

15. Termination of Use; Discontinuation and Modification of the Service.

You may terminate your account at any time by contacting customer service at (310) 426-8153 or at hello@hhomey.com. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Hhomey may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Service, or for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Upon the termination of your account or this agreement for any reason, Hhomey may at its option delete any data associated with your account.

16. Privacy Policy; Additional Terms.

a) Privacy Policy.

Please read the Hhomey Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Hhomey Privacy Policy is incorporated by this reference into, and made a part of these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the Hhomey Privacy Policy.
b) Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, our informed consent forms, if applicable, or rules that are applicable to a particular feature or content on the Service, subject to Section 17. Specially, without limitation, Client’s use of the Service is subject to the Client Participation Agreement and the Administrative Services Agreement for Clients. All Additional Terms are incorporated by this reference into, and made a part of these Terms.

17. Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Service or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Service after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

18. Ownership; Proprietary Rights.

The Service is owned and operated by Hhomey. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Hhomey are protected by intellectual property and other laws. All Materials included in the Service are the property of Hhomey or our third-party licensors. Except as expressly authorized by Hhomey, you may not make use of the Materials. Hhomey reserves all rights to the Materials not granted expressly in these Terms.

19. Subcontractors.

You hereby consent to Hhomey’s engagement of third parties (including Hhomey’s affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Service or the Hhomey website.

20. Feedback.

After you have received services through the Service, you may have the opportunity to rate your experience and leave additional feedback. If you choose to provide input or suggestions regarding your experience with the Services (“Feedback”), then you hereby grant Hhomey an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

21. Indemnity.

To the fullest extent permitted under applicable law, you are responsible for your use of the Service, and you will defend and indemnify Hhomey and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Hhomey Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

22. Disclaimers; No Warranties

the Service AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH the Service ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HHOMEYENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO the Service AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH the Service, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; (C) ANY WARRANTY AS TO WHETHER THE COMMUNICATIONS DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE; and (D) any warranty in association with a Client (including, without limitation, a Client’s ability to pay for requested services). THE Hhomey ENTITIES DO NOT WARRANT THAT the Service OR ANY PORTION OF the Service, OR ANY MATERIALS OR CONTENT OFFERED THROUGH the Service, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Hhomey OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH the Service WILL CREATE ANY WARRANTY REGARDING ANY OF THE Hhomey ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO the Service, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH the Service. YOU UNDERSTAND AND AGREE THAT YOU USE the Service, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH the Service AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH the Service), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the Service OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

23. Limitation of Liability

IN NO EVENT WILL THE HHOMEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, the Service OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH the Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Hhomey ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE HHOMEY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF the Service, PRODUCTS SOLD THROUGH the Service, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 23 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

24. Force Majeure.

To the fullest extent permitted under applicable law, Hhomey will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to Hhomey’s information technology systems by third parties; or (g) other causes beyond the reasonable control of Hhomey.

25. Governing Law and Venue.

These Terms and your use of the Service are governed by the laws of the State of California without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Hhomey agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

26. General.

These Terms, together with the Hhomey Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Hhomey regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 5, and 8 through 28, along with the Hhomey Privacy Policy and any other accompanying agreements, will survive.

27. Dispute Resolution and Arbitration.

a) Generally.

In the interest of resolving disputes between you and Hhomey in the most expedient and cost effective manner, you and Hhomey agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HHOMEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
b) Exceptions.

Despite the provisions of Section 27(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c) Arbitrator.

To the fullest extent permitted under applicable law, any arbitration between you and Hhomey will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hhomey.
d) Notice; Process.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Hhomey’s address for Notice is: Hhomey, a Public Benefit Corporation, Attention: Legal Department, 1925 Century Park East, Suite 1700, Los Angeles, 90067. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Hhomey may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hhomey must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e) Fees.

If you commence arbitration in accordance with these Terms, Hhomey will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Hhomey for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND Hhomey AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hhomey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g) Modifications to this Arbitration Provision.

If Hhomey makes any future change to this arbitration provision, other than a change to Hhomey’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Hhomey’s address for Notice, in which case your account with Hhomey will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
h) Enforceability.

If Section 27(f) is found to be unenforceable or if the entirety of this Section 27 is found to be unenforceable, then the entirety of this Section 27 (except this Section 27(h)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 25 will govern any action arising out of or related to these Terms.

28. Claims.

To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. By providing your mobile number to us, you consent to receiving text messages at that number for account verification, notifications, and other purposes related to the Service.

In addition to any fees Hhomey may charge for use of text or multimedia messaging with the Service, your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy.

30. Export.

You may not use the Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

31. Contact Information.

The Service is offered by Hhomey, a Public Benefit Corporation. You may contact us by calling us at (310) 426-8153, emailing us at hello@hhomey.com.

32. Consumer Protection Notice.

Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Hhomey – Website Terms and Conditions of Use

1. The Service Overview.

2. The Service Does Not Provide Medical or Legal Advice.

3. Eligibility.

4. Accounts and Registration.

5. Location Based Services for Providers.

6. Not Responsible for the Actions or Inactions of Any Users.

7. Licenses

a) Limited License.

b) License Restrictions.

c) Open Source Software.

8. Agreements among Providers and Clients.

9. Consent to Communications and Monitoring/Recording of Video and Voice Calls and Text Messages Made Through the Service.

10. Notifications and Automatic Alerts.

11. User Content

a) User Content Generally.

b) Limited License Grant to Hhomey.

c) Limited License Grant to Other Users.

d) User Content Representations and Warranties.

e) User Content Disclaimer.

12. Procedure for Unlawful User Content.

a) General.

b) DMCA Notification.

c) Repeat Infringers.

13. Prohibited Conduct.

14. Third-Party Services and Linked Websites.

15. Termination of Use; Discontinuation and Modification of the Service.

16. Privacy Policy; Additional Terms.

a) Privacy Policy.

b) Additional Terms.

17. Modification of these Terms.

18. Ownership; Proprietary Rights.

19. Subcontractors.

20. Feedback.

21. Indemnity.

22. Disclaimers; No Warranties

23. Limitation of Liability

24. Force Majeure.

25. Governing Law and Venue.

26. General.

27. Dispute Resolution and Arbitration.

a) Generally.

b) Exceptions.

c) Arbitrator.

d) Notice; Process.

e) Fees.

f) No Class Actions.

g) Modifications to this Arbitration Provision.

h) Enforceability.

28. Claims.

29. Consent to Electronic Communications.

30. Export.

31. Contact Information.

32. Consumer Protection Notice.