Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Housedlocal.com website (“Website”), “Housed” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Housed Local, inc. (“Housed Local, inc.”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Housed Local, inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Accounts and membership

You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, your payment information will be securely saved and you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Advertisements

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, Housed Local, inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

DISCLAIMER AND LIMITATION OF LIABILITY

BY USING THIS APPLICATION YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS
APPLICATION, THE SERVICES, INFORMATION, AND MATERIALS ON THE
APPLICATION, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE.
YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS
APPLICATION AND THE INFORMATION AND MATERIALS PROVIDED ARE AT YOUR
SOLE RISK, AND (2) THE INFORMATION AND MATERIALS MAY CONTAIN
INACCURACIES AND TYPOGRAPHICAL ERRORS. HOUSED LOCAL INC, ITS AFFILIATES
DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR
MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APPLICATION. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON THE INFORMATION, MATERIAL OR ANY
OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT
YOUR SOLE RISK.
HOUSED LOCAL INC AND ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR
MATERIALS ONLY) RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE APPLICATION. WE USE
REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE
RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES
SHOULD THIS INFORMATION PROVE TO BE INACCURATE. HOUSED LOCAL INC., ITS
AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) MAY MAKE ANY
OTHER CHANGES TO THE APPLICATION, THE INFORMATION, THE MATERIALS AND
THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE
APPLICATION AT ANY TIME WITHOUT NOTICE. YOU UNDERSTAND THAT YOU
SHOULD ALWAYS CONSULT THE APPLIANCE MANUFACTURERS FOR THE LATEST
INFORMATION REGARDING THEIR APPLIANCES AND TO CONSULT WITH OR UTILIZE
THE SERVICES OF A COMPETENT SERVICE ORGANIZATION TO CONDUCT ANY
REPAIR OR MAINTENANCE OF AN APPLIANCE.

SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE ABOVE
SECTIONS MAY NOT APPLY TO YOU, BECAUSE SOME JURISDICTIONS DO NOT
ALLOW FOR CERTAIN LIMITATIONS WITH RESPECT TO DURATION OR DISCLAIMER
OF WARRANTIES, OR EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. THIS LIMITATION OF LIABILITY SHALL
BE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF IT IS FINALLY
DETERMINED BY A COURT OF LAW OR AN ARBITRATOR THAT THE LIMITATION OF
LIABILITY SET FORTH IN THIS SECTION DOES NOT APPLY TO YOU, THEN YOU
AGREE THAT HOUSE LOCAL INC.’S TOTAL LIABILITY IN THE AGGREGATE FOR ANY
CLAIMS MADE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100.00).

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Housed Local, inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Housed Local, inc. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Housed Local, inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Housed Local, inc. or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Housed Local, inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Housed Local, inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Housed Local, inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Housed Local, inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

contact@housedlocal.com

This document was last updated on February 12, 2024