Terms of Use

Welcome! Our mission is to help you scout out the right solutions for a lifetime of independence at home and in your daily life.

You may use our services for your own personal, non-commercial use, provided you agree with, and comply with, these Terms of Use. By using Homeability.com you constitute your assent to the Terms and Conditions set forth below. If you don’t agree with all the terms found below, do not use or post information on this site.

The content found on this website is for informational purposes only. This is a directory of resources designed to help you quickly link to the product and service providers for your specific needs. We do not endorse or qualify any of the products or service providers listed on the site.
Whilst all efforts are made to present accurate information, the information accessible on this site may not be fully accurate or complete. You hereby concede that any and all reliance upon content or information accessed from this website is done so at your sole risk.
These Terms of Use are a legal agreement and govern your use of Homeability’s content and website either as a visitor or a content contributor. By accessing and using our website in any way, you agree to be bound by these Terms of Use.

Overview

This Terms of Use Agreement (“Agreement”) is entered into by and between Homeability.com (“Homeability”) represented by it’s founder and you and is made effective as of the date of your use of this website. The terms “we”, “us”, “our” “Site”, “website”, “Homeability” and “Homeability.com” shall refer to Homeability.com. The terms “you”, “your”, or “User” shall reply to any individual or entity who accepts this Agreement.

Use of Our Service

All text, graphics, sounds, video, source code, editorial content, as well as selection, compilation, arrangement and presentation of all materials found on this website are proprietary to Homeability and are protected under U.S and International copyright. Use of our content without our express prior written permission is strictly prohibited.

You agree not to upload, publish, transmit, distribute or reproduce content found on this site in full or in part without our prior written consent.
You agree to not access User information or content found on Homeability.com through any technology or means other than through the Site itself.
You agree not to upload or post any content on the website that: is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, harassing, hateful, threatening, or abusive, contains corrupted data or any other harmful, disruptive, or destructive files.
You agree not to use any robot, scraper or other automated means to harvest or access the Homeability website for any purpose without our explicit written permission. The only exception to this provision being the indexing of the site content by search engines, which is allowable.
You agree not to encourage, promote, transmit or engage in any spam or other unsolicited bulk email.
You agree not to modify or alter any part of this Site.
Homeability.com, Homeability, and the logos on this website are trademarks of Homeability. Our trademarks may not be used in connection with any product or service without our express written permission.
You must not use this service in any manner that violates any applicable law, regulation or generally accepted practices (including any laws regarding export of data or software from the United States or other relevant countries).
You must not promote, encourage, or engage in the sale or distribution of prescription medication without a valid prescription (per the Rhyan Haight Online Pharmacy Consumer Protection Act of 2008).

This Site Does Not Provide Medical Advice

The content found on Homeability.com is intended for informational purposes only. The information expressed on this site should not be taken as medical, financial, or legal advice. Consult with your doctor, therapist or other appropriate professional licensed provider prior to the implementation of any solutions. Whilst extreme care is taken to present accurate information, you are advised to do further research. Selection of equipment that is both suitable and appropriate for individual needs remains the responsibility of the individual. Homeability assumes no liability for inaccuracies or misstatements of any sort. If you feel there is an inaccuracy, we look forward to hearing from you so we can make the site better for all users!

Third Party Materials and Links to Other Web Sites: Be Skeptical

Advertisements placed by third party providers on the website help to support us in offering this informational resource to users for free. Be aware that the “advertisements” and “sponsored affiliate links” may have been selected by a third party provider and do not necessarily reflect the views of the Homeability Team. Homeability does not screen, review, approve or endorse the content in the advertisements featured by third party providers. All third party content will be clearly marked as an “Advertisement”, “Sponsored Link” or “Sponsored Affiliate Link” or through banners or advertisements offering tools to help you locate products or contractors locally. As always, you should be healthily skeptical, use caution, good judgment and do your due diligence to research any leads acquired through third party advertisers or providers.

Hyperlinks are provided on Homeability’s website as a service and convenience to you. You agree that if you access any such hyperlinks and their corresponding websites, you do so at your own risk. You agree that Homeability is not responsible for the performance of third party services. The inclusion of any website link does not imply an approval, endorsement or recommendation by Homeability. We make no representations or warranties about the content or accuracy of these links or the websites these hyperlinks point to. Furthermore you understand and agree that the third party websites and services are not governed by the terms and conditions found in this Agreement. Your browsing and interaction on any other website, including those sites that have a link on Homeability.com, is subject to that website’s own rules and policies.

User Submissions

You agree you will not upload or post any content to the website unless you have created that content yourself, or have permission from the copyright owner to do so. Any communication or material you transmit to the website via electronic mail or otherwise, including any comments, questions, suggestions or posts becomes our property. For any photos, content, information or other materials you transmit or upload to Homeability, you grant that the owner of such content or intellectual property has expressly granted Homeability and our subsidiaries, affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display said content throughout the world in any media in order to provide or promote Homeability’s website and services.

Representation and Warranties

You represent and warrant to us that you are at least 18 years of age, you have the right power and ability to enter into and perform under this Agreement, and that you will not use this website directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the function of the website, or persons offering products or services on the website.
If you offer a product or service in the resource directory, you warrant that the name identified when you registered is you name or business name under which you sell goods and services.

Privacy policy

When you subscribe with the newsletter, you will be asked to provide certain information. Details of the ways we collect and use your information are available in our privacy policy [link]. By using this website, you are consenting to the terms of this privacy policy.

DMCA

Homeability deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the website that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the website, please send a notice of copyright infringement containing the following information to info@homeability.com:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please include a URL or any other pertinent information that will allow us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A signature of the electronic equivalent from the copyright holder or authorized representative.

Limitations of Liability

Under no circumstances, including negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the app; the cost of procurement of substitute goods and services; unauthorized access to or alteration of your transmissions or data; loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages; any information we offer through our app in which recommendations are given without an in-person consultation with monetary compensation that allows observation via physical presence. To the maximum extent permitted by applicable law, the foregoing Limitations of Liability shall apply.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Right to terminate

We may at any time decide to alter, amend, modify, or terminate the website, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the website or any portion or functionality of it will continue to operate or be available for any particular period of time.

No Warranties

This website is provided “As Is”. Your use of this website is at your own risk. To the maximum extent permitted by applicable law, this website and the content found within, is provided without warranties of any kind, whether express or implied.

Binding Individual Arbitration

If any dispute shall arise between you and Homeability, the parties shall attempt to resolve the dispute by informal meetings or discussions. If parties are unable to resolve the dispute, the parties shall submit the dispute to binding arbitration in accordance with the California Code of Civil Procedures provision relating to arbitration. Any arbitration under this agreement will be only on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action lawsuit against Homeability. For any claim where you are seeking relief, Homeability will not seek to have you pay its attorney’s fees, unless the arbitrator determines that your claim was frivolous. Subject to and without waiver of the foregoing arbitration provisions, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or in federal court for the Northern District of California.

Governing Law & Jurisdiction

This Agreement and any dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as it is applied to agreements. You expressly agree that exclusive jurisdiction for any dispute with Homeability, or in any way relating to your use of the Homeability website, resides entirely in the state of California, without regard to its choice of law or conflict of laws principles that would require application of law of a different jurisdiction.

Limitation on Time to Initiate a Dispute

You agree that any claim or cause of action arising out of your use of the website or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

Invalidity of Any of These Terms of Use

In the event that any term or requirement in this Terms of Use is found to be invalid or unenforceable, the remaining terms and requirements will continue to be valid and enforceable. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Right to amend Terms of Use

Homeability may update, modify or remove portions of these Terms of Use Agreement at any time. All changes or modifications shall be effective immediately upon their posting to this site. It is your responsibility to check this Terms of Use page for updates. Your continued use of the Homeability.com website after such changes have been posted will signify that you accept posted changes and agree to be bound by the new or revised terms.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the website. You may not assign any right, interest, or benefit provided under these terms or through the website without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the website and our services.
A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Amazon Associates

Homeability.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.