Created/Effective: February 1, 2017
ARTICLE 1: PRINCIPALS OF OUR BUSINESS
These Terms of Service (“TOS” or “Agreement”) derive from the core mission of HomeTrax Solutions Inc (“HomeTrax”, “we”, or “our”). Namely, our core mission is to provide an integrated digital platform and a user-friendly environment for homeowners to actively manage and plan for the maintenance, care and improvement of their homes and to provide a social platform for homeowners to connect and share experiences, recommendations and information with others (friends, family and neighbors). With this in mind, we operate according to certain core principals, including the following which you agree to by joining our website:
- We are truthful and honest;
- We treat everybody fairly and with the utmost respect; and
- We care about the safety of others
ARTICLE 2: REQUIREMENTS FOR CREATING A USER ACCOUNT & HOMETRAX HOME PROFILE
Our service is intended for persons who own residential housing (“Homeowner(s)”) and specifically residential housing in the United States of America. “Persons” includes corporations, partnerships, and sole proprietorships that are in the business of owning and/or managing residential housing. As a result, any person that creates a User Account is acknowledging and confirming that they own a home (or homes, as the case may be) which they intend to profile on our website (HomeTrax Home Profile or Profile). HomeTrax may check public records and other sources to verify ownership and thus entitlement to use our services. HomeTrax does not undertake to verify ownership in all instances. As a result, any person that knowingly creates a User Account and Profile to which it is not entitled agrees to hold HomeTrax harmless from any and all liability as a result of such actions. If we suspect that a User Account and Profile have been created to impersonate another person, we will immediately de-activate the account and notify the proper authorities.
Individuals who have authority to act on behalf of a Homeowner, such as someone with Power of Attorney or a Trustee, may create a User Account and Profile so long as they are acting in an official capacity for the Homeowner. Furthermore, and subject to the condition regarding ownership, our service is intended for individuals 16 years of age and older. In limited circumstances, we may allow an individual under the age of 16 to create a User Account and Profile if ownership of property can be established. In this limited circumstance, HomeTrax will require a Parent, Legal Guardian, and/or Trustee to provide appropriate documentation to verify ownership.
Finally, Homeowners may authorize additional users on an account subject to certain limitations or conditions that HomeTrax may introduce from time to time. The following is a list of instances where a Homeowner may wish to add an authorized user:
- The Homeowner wants another immediate family member to have access (Parent, Child, or Grandparent)
- The Homeowner rents residential property and desires that his/her renter(s) have access to HomeTrax.
- The Homeowner is a business entity and thus it is necessary to grant access rights to designated employees.
A Homeowner who wishes to add an authorized user should send a request to HomeTrax by email (firstname.lastname@example.org) or through the Contact feature on our website.
ARTICLE 3: ACCEPTABLE USER CONTENT & USER CONTRIBUTIONS
HomeTrax is providing its users with tools and resources to assist them in the maintenance, care and improvement of their homes. This includes, but is not limited to, functionality which allows you, our user, to upload documents, pictures, images, videos and other information to your Profile (User Content). Our site is not intended to be used to store items that are not reasonably related to your Profile; while we will allow some discretion in terms of what may be uploaded and stored with your Profile, we will not tolerate or allow for the uploading of objectionable material, including pornographic or other offensive material. We reserve the right to remove any such material, to de-activate your User Account and Profile, and to take any other actions we deem necessary to ensure a safe on-line environment for all of our users.
Likewise, our site allows you the ability to connect with other users, both through defined groups (groups where you control who you are connected with) and through our blogs, which are open to all users. In both instances, your communications through these features are considered User Contributions. We expect you to follow three basic rules when using these communication features:
- Communications should be appropriate for the audience to whom your messaging will be accessible.
- Communications should be reasonably related to home maintenance, care and improvement or to the welfare of your friends, neighbors and/or communities.
- Communications should be respectful, non-offensive and non-threatening.
HomeTrax will take appropriate action against those users who are suspected of or are found to be sending or posting offensive, harassing, or abusive messages. We reserve the right to remove any such messages, to de-activate your User Account and Profile, and to take any other actions we deem necessary to ensure a safe on-line environment for all of our users. Under no circumstances will we tolerate any threats of violence against others and if we become aware of any such threats, we will report them immediately to the proper authorities.
YOUR ASSISTANCE IN POLICING OUR WEBSITE WILL BE GREATLY APPRECIATED. IF YOU SUSPECT OR SEE OR READ INAPPROPRIATE USER CONTENT OR USER CONTRIBUTIONS, PLEASE INFORM US IMMEDIATELY AT: email@example.com.
IF YOU KNOW OR SUSPECT THAT SOMEONE IS IN PHYSICAL DANGER, YOU SHOULD REPORT THE CIRCUMSTANCES IMMEDIATELY TO THE PROPER AUTHORITIES.
ARTICLE 5: COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHT MATTERS
To the extent that you post material, pictures, images, videos or other items to which others have IP Rights, you agree to accept any and all liability associated with any claims of infringement on said IP Rights. See Article 10: Dispute Resolution Process/Hold Harmless Agreement.
ARTCLE 6: NO WARRANTY, EXPRESS OR IMPLIED
HomeTrax is not responsible for verifying the accuracy of information posted by its users and makes no warranty, express or implied regarding such information. As a result, you should exercise your own due diligence if and when evaluating products owned and/or recommended by other users or when considering suggestions, tips and/or recommendations of other users. This includes recommendations or referrals to particular services or businesses.
HomeTrax provides suggested “Replace Dates” for certain appliances and other products in your home. These dates are strictly suggestions based on a typical life expectancy for a particular product (i.e. 15 years for a refrigerator). Actual life of your products may deviate significantly from these estimates and HomeTrax makes no warranty, express or implied, regarding the accuracy of any “Replace Dates” contained within your HomeTrax Home Profile. These dates are also NOT intended to and do not relate in any way to any product warranty period offered by the manufacturer of a particular product. It should be noted that the “Replace Date” relies on the “Year” that you input when adding products to your HomeTrax Home Profile. “Year” is intended to mean the year in which the product was first placed into service after purchase.
ARTICLE 7: CONTENT PROVIDED BY ADVERTISERS & BUSINESS PARTNERS
HomeTrax may, from time to time, allow third-party advertisers and business partners to post advertisements, videos or news items to our website. This may include the administration of certain blog posts and/or blog topics for a period of time. While HomeTrax will take certain steps to ensure that these external parties are properly qualified and licensed to conduct the type or types of business to which these parties are advertising, promoting, commenting or posting, we do not make any guarantees as to the accuracy or truthfulness of any representations made by these parties. In determining to contract with any of our advertisers and business partners, you should exercise good judgment. For example, it is always wise to ask for proof of insurance and certificates of insurance, in particular for larger projects.
ARTICLE 8: AMENDMENTS TO TERMS OF SERVICE
ARTICLE 9: REVOCATION, CANCELLATION AND TERMINATION OF USER ACCOUNT & PROFILE
HomeTrax reserves the right to revoke, cancel and terminate your User Account & HomeTrax Home Profile following any violation of our TOS, including actions contrary to our core principals or actions that compromise our business and create legal exposure for us. In the event there is a question regarding whether a violation has in fact occurred, we reserve the right to place your User Account and HomeTrax Home Profile in suspense. Should this occur, we will undertake an investigation in order to make a decision regarding termination as quickly as possible.
ARTICLE 10: DISPUTE RESOLUTION PROCESS, INDEMNIFICATION & HOLD HARMLESS AGREEMENT
Should a dispute arise between you and HomeTrax arising from or related to our TOS or to our website service, or both, you agree to resolve any such dispute through binding arbitration. Such arbitration will take place in accordance with the rules promulgated by the American Arbitration Association (“AAA”), except as to location. The location of such arbitration proceeding will be in Chicago, Illinois, unless another location is mutually agreed to. Information on the AAA can be found at www.adr.org. Note: a dispute includes any claim or cause of action that you may have against HomeTrax, including its shareholders, officers, and employees.
Should another party bring a claim or claims against HomeTrax related to your actions, including any claim or claims related to infringement of IP Rights (see Article 5: Copyright and Other Intellectual Property Right Matters), you agree to indemnify and hold us harmless from and against all damages, losses, and reasonable expenses incurred by us in defense of such claims. Expenses include all legal fees and costs.
ARTICLE 11: MISCELLANEOUS MATTERS
These TOS represent the entire agreement between you and HomeTrax. Should any portion of this Agreement be found to be unenforceable, the remaining portions will remain in effect. Unless made in writing and signed by an officer of HomeTrax, we will not waive any portion of this Agreement. In the event we fail to enforce these TOS, in whole or in part, such failure should not be construed as a waiver of our rights.
Furthermore, you expressly acknowledge and agree to the following:
- Your rights under this Agreement cannot be transferred to anyone else without our consent.
- Our rights and obligations under this Agreement may be assigned to another party or parties as a result of a sale, merger, acquisition, or other transaction which materially changes the ownership or corporate structure of HomeTrax.
- You will comply with all applicable laws when using, accessing, or interacting with HomeTrax.
- HomeTrax may, without notice to you, take any steps to ensure our compliance with all applicable federal, state and local laws.
- HomeTrax reserves all other rights that are not otherwise granted to you through or by this Agreement.