TERMS AND CONDITIONS (MEMBER AGREEMENT)
1. Acceptance of Terms
This is a legal Agreement which governs the access and use of all products
and services, including but not limited to Home Staging Resource.com Web
Sites, for which you, the user, together with any company or other business
entity you are representing ("Member"), register and which are
provided by or through any web site or co-branded web site owned or controlled
by Home Staging Resource, LLC, a California limited liability company
("Home Staging Resource") or any successor web sites. Home Staging
Resource makes this Web site (the "Site"), including all information,
documents, communications, files, text, graphics, software, and products
available through the Site (collectively, the "Materials") and
all services operated by Home Staging Resource and third parties through
the Site (collectively, the "Service" or "Services"),
available for Member use, subject to the terms and conditions set forth
in this document and any changes to this document that Home Staging Resource
may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including,
without limitation, use of any of the Services, downloading of any Materials,
or merely browsing the Site, you agree to and are bound by the Terms of
Use. If you do not agree to the terms of this Agreement, do not purchase,
use or access the service.
The Services are offered to Member conditioned upon Member's acceptance
without modification of this Agreement. Member acknowledges that, from
time to time, it may be necessary for Home Staging Resource to update
or revise certain provisions of the Agreement. By signing up for any Home
Staging Resource Service and accepting this Agreement, Member agrees that
Home Staging Resource may change the terms of the Agreement in its sole
discretion without specific notice to Member. If Member does not agree
to the changes proposed by Home Staging Resource, or to any terms in this
Agreement, Member's sole and exclusive remedy is to cancel Member's Home
Staging Resource Service ("Member Personal Site Subscription").
Notwithstanding the foregoing, Home Staging Resource reserves the right
to cancel, suspend or refuse access to the Service to anyone in its sole
discretion. Unless explicitly stated otherwise, any new features or products
that change, augment or enhance the current Service shall be subject to
this Agreement.
2. Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials
or Services at this Site may violate such laws and the Terms of Use. Except
as expressly provided herein, Home Staging Resource and its suppliers
do not grant any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit, modify, rent,
lease, loan, sell, assign, distribute, license, sublicense, reverse engineer,
or create derivative works based on the Site, its Materials, or its Services
or their selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
3. Use of Services
When using Services on this Site that are offered by Home Staging Resource,
you shall be subject to any posted guidelines, rules, or licenses applicable
to such Services and to the Terms of Use. Such guidelines, rules, or licenses
may contain terms and conditions are in addition to those in the Terms
of Use.
In addition to the Materials and Services offered by Home Staging Resource,
this Site also may make available materials, information, and services
provided by third parties (collectively, the "Third-Party Services").
The Third-Party Services are governed by separate license agreements that
accompany such services. Home Staging Resource offers no guarantees and
assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility
between the Third-Party Services and the Materials and Services offered
by Home Staging Resource. You agree that you will not hold Home Staging
Resource responsible or liable with respect to the Third-Party Services
or seek to do so.
Images on the the Home Staging Resource site are the
exclusive property of the Home Staging Resource. They may not be taken or
used for any reason by members or non-members. The Home Staging Resource
does allow photo gallery images to be used as "examples" ONLY in the DIY Manual.
Member shall not use the Services, in whole or in part, for any purpose
that is unlawful or prohibited by this Agreement or by any local, state,
federal or international law. Member agrees that Member will not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another Web page, use on any Web
site or product, transfer, or sell any information, software, lists of
users, databases or other lists, products or services provided through
or obtained from the Service other than for use as contemplated in any
Service, including but not limited to the creation or operation of Member
Web sites ("Member Web Sites") in accordance with this Agreement.
This means, among other activities, that Member agrees not to engage in
the practices of "screen scraping", "database scraping",
or any other activity with the purpose of obtaining lists of users or
other information. Member agrees that Member will not use the Service
in any manner that could damage, disable, overburden, or impair the Service
or interfere with any other party's use and enjoyment of the Services
or Home Staging Resource's operation of the Services. Member may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Services. Except
with the written permission of Home Staging Resource, Member agrees that
Member will not access or attempt to access password protected, secure
or non-public areas of the Service. If Member attempts to access prohibited
areas of the Service, Member may be subject to criminal and/or civil prosecution.
4. Charges and Billing
Home Staging Resource reserves the right to charge fees for the Service
or any portion thereof and any applicable fees will be posted on the Home
Staging Resource Web Site. If Member is required to pay a fee for all
or any part of the Service for which Member has chosen to register, Member
hereby authorizes Home Staging Resource to charge Member's valid and current
credit or debit card in advance for all applicable fees incurred by Member
in connection with Member's chosen Service and/or Member's Personal Site
Subscription. Member's Service and Personal Site Subscription will automatically
renew at the end of each subscription period, unless the Service or Member
Personal Site Subscription is terminated in advance of the end of the
then-current term. If there are any annual, monthly or similar periodic
subscription fees associated with the Member Personal Site Subscription,
these fees will be billed automatically to the Member's designated valid
and current credit or debit card at the start of each renewal period,
unless Member terminates the Service before the relevant period begins.
If Member registered for the Service using a Home Staging Resource promotional
code or discount, after the initial promotional period expires, Member's
subscription (base package and any purchased upgrades) will automatically
be renewed and billing will continue at the then-current prices for the
Service. Member further acknowledges that it is Member's responsibility
to notify Home Staging Resource of any changes to Member's credit card
and to update Member's credit card number if Member's credit card has
expired, otherwise, Member's access to the Service may be disconnected
or interrupted. All fees shall be paid in U.S. dollars. Home Staging Resource
shall consider ownership of a Personal Site Subscription and its constituent
site(s) to be the identity of the registered user.
Home Staging Resource reserves the right to change any fees (which includes
but is not limited to, increasing prices and charging a fee for upgrades
and/or a Service for which Home Staging Resource does not currently charge
a fee) at any time, provided, however, that Home Staging Resource will
provide Member with reasonable notice prior to making any fee changes.
In addition, Home Staging Resource will also give Member reasonable notice
before any modification to the Service that could adversely impact Member's
Personal Site(s). If Member finds any change to the Service to be unacceptable,
Member is free to cancel any part of the Service or Member's Personal
Site Subscription at any time, but Home Staging Resource will not refund
any remaining portion of Member's pre-paid fees when Member cancels any
part of the Service or Member's Personal Site Subscription.
Member agrees to pay Member's Personal Site Subscription Account balance
on time. Member also agrees to pay any taxes, including sales or use taxes,
resulting from Member's use of the Service. Member is responsible and
liable for any fees, including attorney and collection fees, that Home
Staging Resource may incur in its efforts to collect any remaining balances
due from Member. This Section 5 shall in no way limit any other remedies
available to Home Staging Resource. Member also acknowledges and agrees
that Member will be billed for and will pay any outstanding balances if
Member cancels Member's Personal Site Subscription or Member's Subscription
is terminated due to Member's breach of this Agreement. Member must notify
Home Staging Resource of any billing problems or discrepancies within
sixty (60) days after they first appear on Member's credit card account
statement. If Member does not notify Home Staging Resource within sixty
(60) days, Member waives any right to dispute such problems or discrepancies.
If Member has registered for a trial of a Service ("Free Trial Period"),
Member will have the entire Trial Period within which to purchase the
Service Member is using in order to retain any Member Content (as defined
below) that is on the Member Site(s) that Member added during the Free
Trial Period. If Member does not purchase the Service by the end of the
Free Trial Period, all of your Member Content will be deleted. Home Staging
Resource shall not be responsible for any damages to Member in the event
Member decides not to purchase the service and Home Staging Resource deletes
your Member Content at the expiration of the Trial Period.
5. Termination/Cancellation of Member Account
Either Member or Home Staging Resource may terminate or cancel Member's
Account (or any part of the Service) at any time. Upon termination or
cancellation there shall be no refund of any pre-paid fees. Member may
cancel your Member Subscription by emailing Home Staging Resource at accounts@homestagingresource.com.
Member must provide us with the following information in order for us
to process the cancellation:
a. The exact name of the Service that Member would like to cancel
b. Member's username and password
c. Member's email address
d. Member's billing information, including the credit card number Member
used when purchasing the Service
e. Member's reason for canceling the Service
f. Member's Home Staging Resource Personal Site Address
Home Staging Resource may terminate Member's Subscription if Home Staging
Resource determines, in Home Staging Resource's sole discretion, to discontinue
offering the Service. Additionally, Home Staging Resource, in its sole
discretion, may terminate Member's Personal Site, Member's Subscription
or Member's use of the Subscription for any reason with or without cause,
including, without limitation, (i) if Member breaches this Agreement,
(ii) if Home Staging Resource is unable to verify or authenticate any
information that Member provides to Home Staging Resource, or (iii) if
Home Staging Resource believes that Member has violated or acted inconsistently
with the spirit of this Agreement. If Home Staging Resource terminates
Member's Subscription pursuant to (i), (ii) or (iii) above, Member will
forfeit all credits, pre-paid fees, and any other amounts accruing to
Member, if any, and Home Staging Resource shall not be required to refund,
redeem, or pay amounts to Member upon such termination.
Upon termination of Member's Subscription for any reason, Home Staging
Resource reserves the right to (a) collect all charges, fees, commitments
and obligations incurred or accrued by Member; (b) delete any Member Content,
or other information in connection with Member's Subscription; (c) prohibit
Member's access to Member's Account, including without limitation by deactivating
Member's password; and (d) refuse Member future access to the Service.
In no event shall Home Staging Resource be required to refund, redeem,
or pay amounts to Member upon termination of Service or return any Member
Content.
6. Support Services
Home Staging Resource offers online support services via the contact us
link on the Home Staging Resource.com home page.
Members in good standing as well as visitors may submit an unlimited
amount of support related questions through Home Staging Resource's online
customer support, available on the Home Staging Resource website. Home
Staging Resource Support related issues can be sent to support@HomeStagingResource.com.
Response will be provided within 24 hours.
7. Member Registration/Privacy Policy
In order for Member to participate in the Service, Home Staging Resource
will require Member to provide specific information about Member. If Member
chooses to become a customer, Member agrees to provide true, accurate
and complete information and to refrain from impersonating or falsely
representing Member's affiliation with any person or entity. Member shall
maintain a valid email address at all times. Member shall be responsible
for maintaining the confidentiality of Member's Subscription and password
and shall be responsible for any and all transactions by users given access
to such account or password and any and all consequences of use or misuse
of such account and password. Member shall be responsible for all actions
by such users, including without limitation friends, family members or
former affiliations, and shall indemnify Home Staging Resource for such
actions as set forth in Section 21.
Any information supplied by Member upon registering for the Service and
any other information about Member (collectively, "Member Data")
is subject to Home Staging Resource's Privacy Policy. Home Staging Resource
may send Member newsletters and e-mail messages to inform Member of new
products, promotions, features and helpful tips for Home Staging Resource
services. Home Staging Resource may also use email to inform Member of
important policy changes or subscription renewal notices. For more information,
Members may review the Home Staging Resource Privacy Policy which is hereby
incorporated into this Agreement.
8. Member Account Limitations
Member hereby acknowledges that Home Staging Resource may, from time to
time, establish general practices and limits concerning the use of the
Service, including but not limited to:
(a) the maximum number of days that, forum entries, journal entries, contact
manager entries or event calendar entries or other content posted on the
Member Web Site will be retained by Home Staging Resource;
(b) maximum limits on bandwidth usage that will be allotted to Member;
(c) maximum limits on storage space;
(d) maximum number of photographs or other data according to the type
of Member Account; and
(e) maximum time limitations for the retention of Member Content following
a Free Trial Period or account cancellation.
Any of the foregoing use limits will be consistent with the Service (including
any upgrades) for which Member has registered. Member agrees that Home
Staging Resource has no responsibility or liability for the deletion or
failure to retain any content maintained or transmitted by the Service.
Member further acknowledges and agrees that Home Staging Resource reserves
the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
9. Trademark information
The trademarks, logos, and service marks ("Marks") displayed
on this Site are the property of Home Staging Resource or other third
parties. You are not permitted to use the Marks without the prior written
consent of Home Staging Resource or such third party that may own the
Marks. Home Staging Resource and the Home Staging Resource logo are trademarks
of Home Staging Resource, LLC.
10. License to Home Staging Resource for Member
Content
Home Staging Resource does not claim ownership of the Member Content that
Member provides to Home Staging Resource and/or place on the Member Site.
However, Member grants Home Staging Resource a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify, distribute,
transmit, combine with information provided by third parties, and publicly
display the Member Content on and through the Service and in Home Staging
Resource's promotional or advertising materials, and (ii) sublicense to
third parties such Member Content to the extent necessary for the creation
and maintenance of, in part or in whole, such Web sites. No compensation
will be paid or due Member with respect to Home Staging Resource's or
its sublicensee's use of the materials as licensed above. By posting messages,
uploading files, inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication with or through any Member
Site, Member warrants and represents that Member owns or otherwise controls
the rights necessary to do so. Member will defend and indemnify Home Staging
Resource and its suppliers from any third party claim related to a breach
of any of the foregoing representations and warranties.
11. Prohibited communications
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, harassing, libelous, offensive, defamatory, obscene,
or pornographic materials, or other materials that would violate any law
or the rights of others, including, without limitation, laws against copyright
infringement, laws against terrorist activities, and rights of privacy
and publicity. Violation of these restrictions may result in denial of
or limitations on access by you to this Site, criminal and/or civil prosecution.
12. Member conduct
Member's right to use the Services is personal to Member. Member, and
not Home Staging Resource, is entirely responsible for all information,
data, text, photographs, messages or other materials ("Member Content")
posted by Member via the Service. Member, and not Home Staging Resource,
is also responsible for compliance with all laws, regulations and ordinances
connected with all aspects of Member's use of the Service. Member shall
not use the Service for any illegal purpose in violation of any local,
state, federal or international law.
Home Staging Resource does not control and is not required to monitor
the Member Content posted via the Service and as such, does not guarantee
the accuracy, integrity or quality of such content. Home Staging Resource
reserves the right, but is not obligated to review the Member Content
posted via the Service and to refuse or remove any materials in its sole
discretion, without notice, at any time. Home Staging Resource also reserves
the right to disclose any Member or non-Member information or materials
as may be necessary to satisfy any applicable law, regulations, legal
process or governmental request, or to edit, refuse to post or remove
any information or materials, in whole or in part from the Member Content
in Home Staging Resource's sole discretion. With respect to the content
of Member Web Site Member agrees not to:
(a) post, upload or otherwise transmit any content which is misleading
to others or impersonate any person or entity or falsely state or otherwise
misrepresent Member's affiliation with a person or entity to others including,
but not limited to consumers;
(b) post, upload or otherwise transmit any content that is threatening,
abusive, harassing, tortious, defamatory, obscene, libelous, invasive
of another's privacy, hateful, or racially, religiously and/or ethnically
objectionable;
(c) post, upload or otherwise transmit any content that Member does not
have a right to post and transmit under any law or under contractual or
fiduciary relationships (such as information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
(d) post upload or otherwise transmit any content, such that such posting,
uploading or transmission constitutes the infringement of any patent,
trademark, trade secret, copyright or other proprietary rights of any
person or entity;
(e) post, upload or otherwise transmit any materials that contain 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 and/or attempt to access the accounts
or others, or attempt to penetrate security measures of Home Staging Resource,
its vendors or suppliers or other persons' or entities' systems ("hacking"),
whether or not the intrusion results in corruption or loss of data;
(f) post, upload or otherwise transmit any materials that impose an unreasonable
or disproportionately large load on Home Staging Resource's infrastructure
that exceed the limits provided by the Service for which Member registered;
(g) post, upload or transmit any unsolicited or unauthorized advertising,
promotional materials, "spam", "chain letters," pyramid
schemes," or any other form of solicitation;
(h) interfere with or disrupt the Service, servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state,
federal or international law, including, but not limited to, regulations
promulgated by the U.S. Securities Exchange Commission, any rules of national
or other securities exchange, including without limitation, the new York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
(j) forge any headers or other manipulation of identifiers in order to
disguise the origin of any content transmitted through the Service;
(k) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals;
(l) sell, distribute, disseminate or link to any sites for marketing,
sales, distribution of firearms, explosives, ammunition, liquor, tobacco
products and any other products or services that Member cannot legally
sell or which are misrepresented;
(m) post or disclose any personal or private information or images about
children to any third party without their consent (or a parent's consent
in the case of a minor); and
(n) post, upload or otherwise transmit any materials or information intended
to or having the effect of, violating any local, state, federal or international
anti-terrorist laws or regulations.
13. Managing content and communications
Although it is not our intention to do so, Home Staging Resource reserves
the right, in its sole discretion, to delete or remove Member Content
from the Site and to restrict, suspend, or terminate your access to all
or part of this Site (including, without limitation, our good faith belief
that you have violated the Terms of Use) without prior notice or liability.
In addition, Home Staging Resource reserves the right to delete or remove
Member Content if the relevant subscription has expired or lapsed or if
Home Staging Resource has a good faith belief that the user posting such
Member Content has violated these Terms of Use, or any law or regulation,
or that such deletion or removal is necessary to comply with the law or
to protect the rights of Home Staging Resource or others.
Home Staging Resource may, but is not obligated to, monitor or review
(i) any areas on the Site where users transmit or post Member Content,
including but not limited to areas where Services are available, or chat
rooms, bulletin boards, or other user forums; and (ii) the substance of
any Member Content.
To the maximum extent permitted by law, Home Staging Resource will have
no liability related to Member Content arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. Home Staging Resource also disclaims
all liability with respect to the misuse, loss, modification, or unavailability
of any Member Content.
14. Content Submitted to Home Staging Resource
The Service may include public venues such as Email Us and Guest Book
areas designed to enable Members to disseminate and exchange thoughts
and opinions to and with Home Staging Resource, other users and/or the
public. Home Staging Resource is under no obligation but reserves the
right to monitor, pre-screen or remove any content stored on its servers.
Home Staging Resource makes no warranties or representations and shall
not be responsible for the appropriateness, accuracy, sufficiency, correctness,
veracity, completeness or timeliness of such thoughts, materials, information
and/or opinions. Member acknowledges that Member should use caution when
posting any personally identifying information about Member or Member's
family, friends or affiliations on the Service, the Member Site any public
forum or any other user sites.
Without limiting the Limitations of Liability contained herein in Section
21, neither Home Staging Resource nor its suppliers shall be responsible
for the loss of any of Member's data and/or Member Content. Member is
responsible for backing-up Member's data and information, whether or not
such information is produced through the use of the Service. It is Member's
responsibility to take the necessary steps to ensure that Member's original
data is maintained in a secure manner.
15. Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account
number, account name, and/or password. You are responsible for damages
resulting from all uses of your account number, account name, and/or password,
whether or not actually or expressly authorized by you, unless access
to your account number, account name, and/or password was obtained through
no fault or negligence of your own.
16. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND HOME STAGING RESOURCE OR YOU AND A THIRD PARTY WITH RESPECT TO
SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES
ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
HOME STAGING RESOURCE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE,
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. HOME STAGING RESOURCE MAY MAKE CHANGES TO THE MATERIALS
AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND HOME STAGING RESOURCE MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HOME STAGING RESOURCE DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY MEMBERS AND/OR THIRD PARTIES THROUGH THE SITE,
INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKS ON THE SITE; (ii) HOME STAGING RESOURCE MAKES NO REPRESENTATION
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT,
PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES ARE AT YOUR OWN RISK; AND (iv) HOME STAGING RESOURCE SHALL NOT
BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
HOME STAGING RESOURCE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
HOME STAGING RESOURCE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE.
IN THOSE STATES OR JURISDICTIONS BARRING THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
17. International users
This Site can be accessed from countries around the world and may contain
references to Home Staging Resource products, services, and programs that
are not available in your country. These references do not imply that
Home Staging Resource intends to announce such products, services, or
programs in your country.
The Site is controlled, operated, and administered by Home Staging Resource
from its offices within the United States of America. Home Staging Resource
makes no representation that the Site, or the Services or Materials available
through it, are appropriate or available for use at other locations outside
the United States, and access to the Site from territories where the Site
or any of its Services or Materials are illegal is prohibited. If you
access the Site from a location outside the United States, you are responsible
for compliance with all applicable laws..
18. Personal information and privacy
To learn about how Home Staging Resource protects your personal information,
such as your name and address, refer to the Home Staging Resource Privacy
Policy. Except as set forth in the Privacy Policy or in the Terms of Use,
your personal information will be deemed to be confidential. Member Content
and any non-personal information or material sent to Home Staging Resource
will generally be deemed NOT to be confidential. You understand and agree
that we may disclose information about you if we have a good faith belief
that we are required to do so by law or legal process, to respond to claims,
or to protect the rights, property, or safety of Home Staging Resource
or others, or as stated in our Privacy Policy.
19. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HOME STAGING
RESOURCE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, MEMBERS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR:
(A) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR
(B) ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM:
a. LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HOME STAGING RESOURCE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
b. ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS,
c. THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE,
d. ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES,
e. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
f. ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
g. ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT,
h. ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED;
OR
i. ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS
AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL
HOME STAGING RESOURCE'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD
PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER
ACTUALLY PAYS TO HOME STAGING RESOURCE UNDER THIS AGREEMENT DURING THE
TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER
IS LESS.
20. Home Staging Resource Forums
In addition to these Terms of Use, users of the Home Staging Resource
Forums must agree to a separate legal agreement located within the Forums
registration area of the Site. Your access to the Forums will be denied
for violation of either the Terms of Use or the agreement located within
the Forums registration area of the Site. In particular, you should be
familiar with the Section titled "PROHIBITED COMMUNICATIONS"
in that agreement and conduct your activities accordingly.
21. Indemnity and liability
You agree to indemnify and hold Home Staging Resource, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of content you submit, post
to, or transmit through the Site (including, without limitation, any Member
Content or computer viruses), your use of the Site, your connection to
the Site, your violation of the Terms of Use, the actions of any member
of your Work Group, or your violation of any rights of another person
or entity.
22. Governing law and jurisdiction
This Site (excluding linked sites) is controlled by Home Staging Resource
from its offices within the state of California, United States of America.
By accessing this Site, you and Home Staging Resource agree that all matters
relating to your access to, or use of, this Site shall be governed by
the statutes and laws of the State of California, without regard to the
conflicts of laws principles thereof. You and Home Staging Resource also
agree and hereby submit to the exclusive personal jurisdiction and venue
of the Second Judicial District Court of California and the United States
District Court for the District of California with respect to such matters.
23. Language
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
24. Notice
Statements, notices and other communications to Member may be made by
mail, email, postings within Member's account or other reasonable means.
Member shall be solely responsible for updating the account's registered
email and postal address. Home Staging Resource shall not be responsible
for any undelivered notices caused by Member's failure to update the account
information. Home Staging Resource may also provide notices of changes
to the Agreement or other matters by displaying notices or links to notices
generally on the Home Staging Resource Web Site. Member should refer to
the Member Support page of the Service for information on how to contact
and/or provide notice to Home Staging Resource.
25. Arbitration
Member agrees that any dispute or claim arising out of or related to the
Service or this Agreement, or the interpretation, making, performance,
breach or termination thereof, shall be finally settled by binding arbitration
in Washoe County, California under the American Arbitration Association
Rules by one arbitrator appointed in accordance with said Rules. The proceedings
shall be conducted and all evidence shall be offered in the English language.
Member agrees that any claim against Home Staging Resource must be filed
within one (1) year of the time such claim arose, regardless of any law
statute of limitations or statute of repose to the contrary, otherwise
such claim will be barred forever.
Notwithstanding the above, Home Staging Resource may apply to any court
of competent jurisdiction (i) for a temporary restraining order, preliminary
injunction or other interim or conservatory relief as necessary; or (ii)
to collect fees due and owing from Member pursuant to this Agreement,
without breach of this arbitration agreement and without any abridgment
of the powers of the arbitrator.
A printed version of this Agreement shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
26. General
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
Home Staging Resource's failure to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
Member shall not assign this Agreement or any rights or obligations hereunder,
by operation of law or otherwise, without prior written approval of Home
Staging Resource, and any such attempted assignment shall be void. Home
Staging Resource shall have the right to freely assign this Agreement,
and its rights and obligations hereunder, to any third party without requiring
the consent or notice of Member. Subject to the foregoing, this Agreement
shall be binding upon and inure to the benefits of the parties hereto,
their successors and permitted assigns. This Agreement sets forth the
entire understanding and agreement between Home Staging Resource and Member
with respect to the subject matter hereof. The section and subsection
titles in the Agreement are for convenience only and have no legal or
contractual effect. No party is an agent or representative of any other
party. No party shall have any right or authority to create any obligation
or make any representation or warranty in the name or on behalf of any
other party. This Agreement shall not be interpreted or construed to create
an association, joint venture or partnership between the parties or to
impose any partnership obligation or liability upon any party. The parties
acknowledge and agree that this Agreement may be entered into electronically,
and without the necessity of written signatures.
27. Information for California Residents
Under California Civil Code Section 1789.3, California Members are entitled
to the following specific consumer rights information:
Current rates for using the Service may be obtained by going to the pricing
schedule on the Home Staging Resource Web site. Home Staging Resource
reserves the right to change any fees, surcharges, and/or monthly Member
fees or to institute new fees at any time.
28. Independent Review
MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED
SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER
AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED
ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE
TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET
FORTH IN THIS AGREEMENT.
29. Anti-Spam Policy. Home Staging Resource, LLC.
strictly prohibits the sending of unsolicited, commercial sales bulk email (spam). Spam is defined
for this purpose as sending ten or more commercial, sales messages similar in content to any
persons, entities, newsgroups, forums, email lists, or other groups or lists
unless prior authorization has been obtained from the email recipient or unless
a business or personal relationship has already been established with the email
recipient. Home Staging Resource, LLC. also prohibits using false headers in
emails or falsifying, forging or altering the origin of any email in connection
with Home Staging Resource, LLC., and/or its products and services. Home Staging
Resource, LLC. prohibits engaging in any of the foregoing activities by using
the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS
SELLING OR DESCRIBING HOME STAGING RESOURCE, LLC.’S PRODUCTS OR SERVICES, PLEASE
CONTACT US PROMPTLY SO THAT WE MAKE TAKE APPROPRIATE ACTION.
30.
DISCLAIMER. HOME STAGING RESOURCE, LLC. DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO HOME STAGING RESOURCE, LLC.’S
PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE
MYHOME STAGING RESOURCE, LLC..COM PROGRAM OR THE HOME STAGING RESOURCE, LLC.
OPPORTUNITY (COLLECTIVELY HEREAFTER, “SERVICE”).
THIS SERVICE IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR
OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING
IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A
PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO
NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY
BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER
MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO
TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER
DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS
SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN
SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM
ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT
WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU
SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY
INDEPENDENT CONSULTANT WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY HOME STAGING RESOURCE, LLC. GRADUATE
PROFESSIONAL HOME STAGERS DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT.
THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. |
