Terms And Conditions
AGREEMENT TO OUR LEGAL TERMS
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and your access to use the mobile and web platform provided by HomeON, Inc. By accepting these Terms and by using the platform, you agree to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
HomeON reserves the right, in our sole discretion, to make changes or modifications to these Legal Terms. these Terms and related documents at any time without prior notice. Changes become effective 30 days after the earliest of: (a) posting on the Platform; (b) sending a message; or (c) notifying users upon login. Continued use of the Platform constitutes acceptance of the changes.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of the licensee of all intellectual property rights, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logo contained therein (The "Marks").
The content and Marks are provided in or through the Services "As IS" for your personal, non-commercial use or internal business purpose only.
KEY TERMS
"Platform" means all HomeON websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through HomeON.
"Consumer" means a user registered on the HomeON platform to track and maintain service history of a property, search and acquire quotes from Service Providers, and view service history or a home report.
"Service Provider" means the companies, businesses, or service providers that list, quote, schedule, offer, fulfill, or provide services to Consumers through the HomeON platform.
"User" means any individual or entity registered on the platform, whether as a consumer or a Service Provider, who utilizes the services offered through the platform in accordance with the applicable terms and conditions.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
ELIGIBILITY, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.
Service Providers warrant that they, and their employees, agents, suppliers, contractors, and subcontractors, are properly qualified, experienced, licensed, certified, bonded, and insured as required by applicable laws or regulations for the specific job performed.
HomeON does not provide Service Providers with the full address, phone numbers, or email addresses of consumers. Service Providers estimate services based on state, city, zip code, and type of service. If an in-home assessment is needed, consumers decide whether to share such information. HomeON does not handle payments between Consumers and Service Providers. Consumers are required to perform due diligence before selecting and paying for any service.
HomeON may obtain reports regarding Service Professionals, and may limit, block, suspend, deactivate, or cancel a Service Professional's account based on the results of such a report, with or without notice. By using the Platform, Service Professionals authorize HomeON to use their personal or business information to obtain reports.
ACCOUNT REGISTRATION
Users must register for a password-protected account to use the HomeON Platform. Users are required to safeguard their password and are solely responsible for all activity on their account. HomeON is not liable for any losses caused by unauthorized use of an account. Each account is unique to the user and non-transferable. A phone number is required for account validation.
HOME REPORT, VALUE COMPARISON, SERVICE HISTORY
Users can add services performed to a property's service history, which is public and available to all users via the Report tab on the Platform. Users must ensure they are the property owner or have authority to add services. All added services must be truthful representations of the service performed.
Users can attach images to items in the service history. All images, descriptions, and content must be truthful representations. HomeON may cancel or suspend accounts submitting offensive descriptions or images. HomeON reserves the right, without prior notice, to remove or disable access to User Content considered objectionable, in violation of these Terms, or harmful to the Platform or Users.
When performing a home report, users can search properties by address and compare them with other properties on the market. HomeON classifies properties as Fair, Good, Great, or Excellent price based on empirical modeling, intended as a reference for on-site assessments.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile. directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Offer services that are not licensed, insured or registered in the jurisdiction of the request.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, Dart or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
HomeON FEES
Consumers do not pay any fee for the use of HomeON's Platform. However, Service Providers can pay Fees to HomeON in order to receive certain services on the Platform. All sales and Fees on HomeON are final and non-refundable.
Payments made to HomeON are done via our payment processing partner Stripe, but HomeON is not a party to any Payments or Processes. By agreeing to these terms or continuing to operate as a Service Provider on the Platform, you hereby appoint HomeON to act as your agent for the limited purpose of facilitating Payments through Stripe. Service Providers must agree to all Stripe Services Agreements.
DISPUTES
All disputes are reviewed by HomeON at its discretion. HomeON is not liable for unresolved disputes. Valid disputes are processed within 30 days. Submit disputes to admin@homeon.ai. No amounts owed will be issued if your account is closed. HomeON will attempt to pay using the original payment method, but cannot guarantee success if information is incorrect or canceled.
If disputes, violations, or risks arise due to your actions, HomeON may withhold amounts owed to you. For past due or owed amounts, HomeON may: (a) charge your payment methods; (b) offset owed amounts; (c) invoice you for immediate payment; (d) reverse or block credits; or (e) collect payment by any lawful means.
SPONSORED INFORMATION
HomeON may display ads and sponsored content, which can change without notice. Service Professionals may pay to rank higher in search results and will be marked as "AD." HomeON may set and change quality standards for such ranking boosts.
NO ENDORSEMENT OR WARRANTY
No Endorsement or Liability: HomeON does not endorse, warrant, or represent any User or Service Provider. HomeON is not a party to agreements between users or third parties. No agency, partnership, joint venture, or employment is created through use of the Platform. Users must provide accurate information, but HomeON does not verify or endorse any User's identity or background.
Service Professional Background Checks: HomeON does not conduct background checks on every Service Professional. Descriptions are not endorsements, certifications, or guarantees. Use this information to make your own decisions about interactions. Always exercise due diligence and care when interacting with others on the Platform.
Liability: Any legal remedy or liability for actions or omissions of other Users or third parties is limited to claims against those particular parties. Do not seek legal remedy from HomeON for such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
HomeON may, at its discretion, take any legal action for violations of these Terms or any policy, including removing content, limiting account access, forfeiting funds, assessing penalties, terminating accounts, notifying users, decreasing status or rank, canceling quotes or postings, blocking access, investigating, and cooperating with law enforcement.
ACCOUNT SUSPENSION OR TERMINATION
HomeON may, at its discretion, limit, block, suspend, deactivate, or cancel your account with or without notice. If this happens, your account and password will be disabled, and you won't access the platform or receive support. HomeON may inform others of your account status. No compensation will be provided for canceled or delayed services due to account termination. You can cancel your account at any time via the "Settings" link in your profile. HomeON is not obligated to delete or return any content you've posted. Refer to our Privacy Policy for data deletion requests after account termination.
ARBITRATION AND CLASS ACTION WAIVER
You and HomeON agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section governs any disputes between you and HomeON, including claims arising out of or relating to any aspect of the relationship between you and HomeON, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
By agreeing to these Terms, you agree to resolve any and all disputes with HomeON as follows:
Initial Dispute Resolution: Most disputes can be resolved without litigation. Contact HomeON's support department at admin@homeon.ai. The parties agree to use their best efforts to settle any dispute through consultation and good faith negotiations before initiating a lawsuit or arbitration.
Binding Arbitration: If no resolution is reached within 30 days, either party may initiate binding arbitration as the sole means to resolve claims. You are responsible for your own attorneys' fees unless applicable law provides otherwise.
The arbitrator has exclusive authority to resolve disputes related to these Terms or the Privacy Policy, including their interpretation, enforceability, or formation. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
You and HomeON agree to the personal jurisdiction of any federal or state court in Utah County, Utah, for matters related to arbitration.
Class Action Waiver: Arbitration will be conducted individually, not as a class action. You and HomeON agree to bring claims against each other only in individual capacities, not as a plaintiff or class member in any class or representative proceeding.
Exception: Either party may bring intellectual property claims or small claims court disputes in state or federal court or in the U.S. Patent and Trademark Office.
30-Day Right to Opt Out: You may opt out of the arbitration and class action waiver provisions by sending written notice to admin@HomeON.ai with title "Arbitration 30-day opt out" within 30 days of the Effective Date of these Terms or your first use of the Platform.
Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.
Third-Party Beneficiary: Any third-party consumer reporting agency used by HomeON for background checks on Service Professionals is an intended third-party beneficiary of this arbitration provision.
GOVERNING LAW
The Terms and the relationship between you and HomeON will be governed in all respects by the laws of the state of Utah, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against HomeON that is not subject to arbitration must be resolved by a court located in Utah County, Utah. You hereby waive any and all jurisdictional and venue defenses otherwise available.
DISCLAIMERS
Your use of the platform, service providers, or collective content is solely at your own risk. You acknowledge and agree that HomeON does not have an obligation, but reserves the right for any reason, to (a) monitor or review user content; or (b) for any permissible purpose, conduct identity verification, background (including criminal background), or registered sex offender checks on any user, including but not limited to service professionals and consumers. The platform is provided "as is," without warranty of any kind, either express or implied. Without limiting the foregoing, HomeON and our affiliates and subsidiaries, and respective officers, directors, employees, and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform or the service providers offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented on the platform, including without limitation all collective content. HomeON makes no warranty that the platform or service providers will meet your requirements or be available on an uninterrupted, secure, or error-free basis. HomeON assumes no responsibility and will not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. HomeON will not be liable for any defamatory, offensive, or illegal conduct of any third-party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from HomeON or through the platform, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users or users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any consumers, service professionals, or service recipients. You understand that HomeON does not make any attempt to verify the statements of users of the platform or to review or vet any service providers. HomeON makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive services. HomeON explicitly disclaims all liability for any act or omission of any users or third parties.
HomeON may provide to service professionals phone numbers that consumers provide in connection with a request. Such phone numbers are not verified, and HomeON makes no representation or warranty as to their validity.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform and collective content, your offering or providing of services, or requesting or receiving services through the platform, and any contact you have with other users of HomeON or third parties, whether in person or online, remains with you. Neither HomeON nor any other party involved in creating, producing, or delivering the platform will be liable (whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not HomeON has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill; (b) service interruption, computer damage, or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the platform, services, or collective content; (f) any communications, interactions, or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or (g) your offering or providing services or requesting or receiving services through the platform.
In no event will the total, aggregate liability of HomeON and our affiliates and subsidiaries, and their respective officers, directors, employees, and agents, arising from or relating to these terms, the platform, services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any services or interactions with any other users exceed the total amount of fees actually paid to HomeON by you hereunder, or one hundred U.S. dollars if no such payments have been made, as applicable. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. In jurisdictions that do allow limitations of liability, the limitation described above will apply fully to residents of those jurisdictions.
INDEMNIFICATION AND RELEASE
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
GENERAL
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by HomeON on the Platform, constitute the entire agreement between you and HomeON concerning the Platform or services obtained through the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.
Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term. HomeON's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Statute of Limitations: You agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This statute of limitations does not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
CONTACT US
If you have any questions about these Terms or the Platform, please contact us by sending an email to admin@homeon.ai.