PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
Homevibe, LLC, a Washington limited liability company, ("we" or "Homevibe") offers the user ("you") the ability to use our website (the "Site") to purchase our Product (defined below) and otherwise upload, use, and interact with information, images, photos, commentary, content, opinions and material (collectively, "User Content"). By purchasing our Product, adding User Content to the Site, or otherwise using the Site, you agree to these Terms and Conditions (the "Terms"). Subject to your agreement and compliance with the Terms, we grant you a personal, non-exclusive, non-transferable, limited-scope license to use the Site. Use of the Site is solely for your own personal, private, non-commercial purposes, and for no other purpose whatsoever.
Homevibe may revise and update these Terms at any time and without notice to you. It is your duty and obligation to check for the most current version of the Terms. Your continued usage of the Site will mean you accept any and all amendments or changes to the Terms.
Purchase and Use of the Product
Homevibe offers prospective homebuyers the opportunity to purchase a limited-use license to reports based on pre-offer consultations on residential single-family homes (the "Product"). THE SITE DOES NOT PROVIDE A STANDARD HOME INSPECTION REPORT. The contents of the Site, including, without limitation, all text, graphics, images, information obtained from Homevibe's licensors and suppliers, the Product, and any other material contained on the Site (collectively the "Site Content") are intended to improve the position of prospective homebuyers when purchasing and maintaining a home. The Product is not intended to be technically exhaustive. It does not identify all improvements, concealed conditions, or latent defects in connection with a given property. You should anticipate that you may have to make unexpected repairs to the property.
In exchange for purchasing the Product, Homevibe authorizes you to view or download the Product solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Product is for informational purposes only and is not intended to be a substitute for a professional full-home inspection. Homevibe makes no assurances, representations, or warranties that each inspection-related concern will be addressed in the Product, and Homevibe strongly recommends that a full inspection be performed before purchasing any home.
By purchasing the Product, you agree to hold Homevibe, its employees, agents, contractors, and suppliers harmless from any damage, liability, or cost in connection with the Product.
Reliance on any information provided by Homevibe, its employees, agents, contractors, or suppliers is solely at your own risk. By purchasing the Product, you expressly waive any and all claims related to your use of the Product, including, without limitation, your reliance thereon. By using the Site and purchasing the Product, you agree that the Product is not a substitute for a licensed full-home inspection, and you acknowledge that neither Homevibe nor its employees, agents, or contractors are acting on your behalf as a home inspector.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site Content remains exclusively with Homevibe or its licensors, as applicable. Any use of the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other federal, state, or local laws. Site Content and features are subject to change or termination without notice and in the sole discretion of Homevibe. All rights not expressly granted herein are reserved to Homevibe and its licensors, as applicable.
If you violate any of these Terms, your license to use the Site Content immediately and automatically terminates.
Liability of Homevibe and Its Licensors
The use of the Site and the Site Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Homevibe and its suppliers. Homevibe assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and by using the Site, you agree to hold Homevibe harmless from any damage, harm, or liability in connection therewith.
The Site and the Site Content are provided on an "as is" basis. HOMEVIBE, ITS EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL GUARANTEES AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS, AND SYSTEMS INSPECTED, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE AND TRADE. In no event shall Homevibe or its employees, agents, contractors, licensors, suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Site Content. Homevibe and its employees, agents, contractors, licensors, and suppliers shall not be held responsible or liable for any repairs or replacements with regard to properties referenced in the Site Content.
THE SITE CONTENT DOES NOT ADDRESS, AND IS NOT INTENDED TO ADDRESS, CODE AND REGULATION COMPLIANCE, WHETHER FEDERAL, STATE, OR LOCAL, OR THE POSSIBLE PRESENCE OF, OR DANGER FROM, ASBESTOS, RADON GAS, LEAD PAINT, UREA FORMALDEHYDE, SOIL CONTAMINATION AND ANY OTHER INDOOR AND OUTDOOR ENVIRONMENTAL HAZARDS. YOU ARE URGED TO CONTACT A COMPETENT SPECIALIST IF YOU DESIRE INFORMATION, IDENTIFICATION, OR TESTING OF THE ABOVE.
The Site Content is not intended to identify, disclose, or report on the presence of drywall products from the People's Republic of China or the actual or potential environmental concerns or hazards arising out of the existence of these products. Furthermore, you acknowledge that any discussions regarding the actual or potential presence of drywall products from the People's Republic of China are informative in nature only.
By using the Site, you agree that any liability of Homevibe, its employees, agents, contractors, licensors, and suppliers shall not exceed the price you paid Homevibe for the Product. Any claims arising in connection with your use of the Site, any Site Content, including the Product, or the Public Areas (as defined below) must be brought within one year of the date of the event giving rise to such action. The remedies provided for in these Terms are exclusive and limited to those expressly provided for in these Terms.
The prevailing party in any dispute regarding the Site or your use of the Product, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs.
Any personal information you submit to Homevibe is governed by these Terms.
The Site contains functionality (including blogs, message boards, user reviews, etc.) that allows users to upload content to the Site (collectively, "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Homevibe by email, you warrant that the owner of that content or intellectual property, and all persons appearing therein, have expressly granted-Homevibe a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. By submitting any business information, idea, concept, or invention, you agree to indemnify, defend, and hold Homevibe harmless from any liability, damages, harm, enforcement action, or legal proceeding that may arise in connection with such submission. Homevibe may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Homevibe by email.
User Submissions: Image, Video, Audio Files
By way of clarification, and without limiting the foregoing, you agree to only post or upload media, including, without limitation, photos, videos or audio (collectively, "Media") that you have taken yourself or that you have all rights to transmit and license and that do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are often copyrighted by the owner, and should not be posted without you obtaining express permission from the owner of such Media. Uploading Media of other people without their express permission is strictly prohibited.
To protect your privacy and the privacy of others, you agree that you will not submit any media that contains Personally Identifiable Information (e.g., name, phone number, email address or web site URL) of you or of anyone else.
It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
Homevibe reserves the right to review all Media prior to posting on the Site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.
You are responsible for taking all reasonable steps to ensure that no unauthorized person gains access to your Homevibe passwords or accounts. It is your sole responsibility, and Homevibe, its employees, agents, and/or contractors shall have no obligation, to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Homevibe account and password; (3) promptly inform Homevibe if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant Homevibe and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Homevibe cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Homevibe tools and services on the Site.
Homevibe Community and Member to Member Areas
If you use, contribute to, or interact in a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Homevibe and its employees, agents, contractors, and licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
By using, contributing to, or otherwise viewing the Public Areas, you agree that each of the following actions shall constitute a material breach of these Terms, thereby terminating you license to use the Site, including, without limitation, the Public Areas:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Homevibe in its sole discretion;
- Posting advertisements or solicitations of business;
- Disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the sole judgment of Homevibe, exposes Homevibe or any of its employees, agents, contractors, customers or suppliers to any liability or detriment of any type.
Homevibe reserves the right (but has no obligation) to do any or all of the following:
- Record and retain the dialogue in public chat rooms.
- Investigate an allegation that communications do not conform to the Terms of this section and determine in its sole discretion to remove the communications.
- Provide a user with a warning prior to taking any action.
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms, as determined by Homevibe in its sole discretion.
- Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
Homevibe and its employees, agents, contractors, or licensors shall have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Homevibe's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Homevibe's agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy
506 2nd Ave Suite 1400,
Seattle, WA 98104
Or call: (425) 305-8000
In an effort to protect the rights of copyright owners, Homevibe maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Advertisements, Searches, and Links to Other Sites
Homevibe may provide links to third-party web sites. Homevibe also may select certain sites as priority responses to search terms you enter and Homevibe may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Homevibe does not recommend and does not endorse the content on any third-party websites. Homevibe is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Without limiting the foregoing Terms, you agree to defend, indemnify, and hold Homevibe, its officers, managers, members, directors, employees, agents, contractors, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, payment of reasonable attorneys' fees, legal costs, and accounting fees and costs, resulting from, or alleged to result from, your use of the Product or the Site or any violation of these Terms.
Homevibe is based in Seattle, Washington, in the United States of America with principal offices in Seattle, WA. Homevibe makes no claims that Homevibe and the Site Content are appropriate or may be downloaded outside of the United States. Access to the Site Content may not be legal by certain persons or in certain countries. If you access the Homevibe network from outside the United States, you do so at your own risk and are responsible for compliance with both the laws of the United States and the laws of that jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Homevibe related to your use of the Site or the Product resides in King County, Washington and you further agree and expressly consent to the exercise of personal jurisdiction in King County, Washington in connection with any such dispute, including any claim involving Homevibe or its affiliates, subsidiaries, employees, contractors, agents, officers, directors, members, managers, telecommunication providers, or content providers.
These Terms are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
All provisions of these Terms that by their nature should survive termination shall survive the termination of your access to the Product and Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Thank you for your cooperation. We hope you find the Homevibe Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to email@example.com. We try to answer every email in a timely manner but due to volume may not always be able to do so.