TERMS AND CONDITIONS
Please Read Carefully Before Using Home Change.com
Home Change, Inc. (“Home Change”, “We”, “US”, “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms (“Modifications”) at any time. Modifications are effective upon posting and upon use of this Web Site after notice of such Modifications is posted, you agree to be bound by such revised Terms. IF YOU DO NOT AGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEB SITE.
This Web Site may contain links to many other web sites (“Other Web Sites”). Other Web Sites may or may not be affiliated with Home Change and terms associated with and governing such Other Web Sites may differ from the Terms provided herein. Please read terms and policies for Other Web Sites accessed through this Web Site. Home Change does not control Other Web Sites and is not responsible for their content in any form or manner. Moreover, the inclusion or access to Other Web Sites is not intended to suggest Home Change’s endorsement thereof.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The materials provided through this Web Site, including, but not limited to, text, images, illustrations, audio clips, video clips, designs, icons, files, trademarks, copyrights and/or other intellectual property, as well as the form, designs and functions of the Web Site, are subject to U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws and communication regulations and statutes, and are owned and controlled by Home Change, Inc., its affiliates, or by third parties that have licensed their content or the right to market their products and/or services to Home Change, Inc. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, modify and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Home Change, Inc. or the Providers.
Furthermore, without the explicit prior written consent of Home Change, Inc., you may not and agree that your will not:
- Copy, modify, distribute, transmit, display, reproduce, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site or any part thereof;
- Use our Web Site for any purpose that is unlawful pursuant to any applicable local, state, national or international law or regulations, or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider.
- Take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques;
- Disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose;
- Use or permit others to use the Web Site in an attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
- Upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Access or attempt to access password protected, secure or non-public areas of the Web Site;
- Create links from any web site or page to any page within the Web Site.
NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, SERVICES OR ESTIMATES
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available through this Web Site or by Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered are the best available. Likewise, estimates provided via this Web Site are not guaranteed, as such may vary based on third-party rates, fees and commissions, as well as other factors.
DISCLAIMER OF WARRANTIES
THE CONTENT ON OR PROVIDED THROUGH THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Home Change, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER Home Change, INC., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS.
THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.
YOU EXPRESSLY AGREE THAT THE — USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Home Change, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE — USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, AND/OR SERVICE PURSUANT TO YOUR — USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT SHALL Home Change, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND THIRD PARTY PROVIDERS FOR THE WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGE WHATSOEVER ARISING OUT OF THE — USE OF, OR INABILITY TO — USE, THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE TYPE OF DAMAGE SUSTAINED (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR LOST PROFITS), REGARDLESS OF HOW IT WAS CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY EVEN IF Home Change, INC. HAS BEEN ADVISED THAT SUCH DAMAGES COULD ARISE.
This Limitation of Liability shall apply to the fullest extent permitted by applicable and governing laws. To the extent you take exception to any portion of this Web Site, its terms, or related services, your exclusive remedy is to discontinue use of the Web Site and related services.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Home Change, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PROVIDERS, AGENTS, LICENSORS AND ALL THIRD PARTY CONTENT PROVIDERS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LAWSUITS, DEMANDS, DAMAGES, PROCEEDING, LIABILITIES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS OR ARBITRATION COSTS ARISING OUT OF AN VIOLATION BY YOU OF THESE TERMS OR MIS– USE OF THE WEBSITE.
In the event of a dispute between you and Home Change, Inc., Home Change will strive to effectuate a timely and cost-effective resolution. Our customer care team remains ready, willing and able to work with its customers to service disputes to the customer’s satisfaction. Home Change’s customer care team can be reached by calling 888-345-4748 or by using the contact form found in the “Contact Us” section of this Web Site.
If your dispute cannot be resolved using our customer care team, these Terms describe how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Home Change, Inc. hereby consent and agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to use of this Web Site, or arising out of, or relating to the parties’ relationship (whether such claim is statutory or otherwise, including, but not limited to, any matter that may have induced the you to enter into a relationship with Home Change, Inc. (collectively referred to as “Claim”) or the scope, validity, and enforceability of this arbitration provision, shall be submitted to final and binding arbitration exclusively in the county and state where Home Change, Inc. is situated. This agreement to arbitrate shall survive any termination of your relationship with Home Change, Inc.
- The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. Notwithstanding the provisions in this Agreement with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In the event that the parties file a lawsuit in court which is not subject to the carve out below, either party may demand that the matter be dismissed and be brought in arbitration. In the event that either party needs to move to compel arbitration, the parties agree that the court may summarily decide to compel arbitration without a hearing.
- The Parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. The arbitrator shall be an attorney with at least ten (10) years of active consumer or commercial litigation practice or a retired judge and shall be selected pursuant to the arbitration service’s applicable rules. The Parties agree that the arbitrator may not consolidate proceeding of more than one person’s claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE ANY CLAIM(S) AS A CLASS OR MASS ACTION. The arbitration shall be administered by the American Arbitration Association, or any other nationally recognized organization, subject to the mutual approval of the parties. The Arbitration shall be administered according to the arbitration service’s then current or applicable minimum standards of procedural fairness and rules and procedures except (1) that the parties expressly waive the applicability of any rule governing class or mass action, (2) that discovery shall not exceed the limits set by the Federal Rules of Civil Procedure, (3) that the arbitrator will be bound to the Federal Rules of Evidence, or (4) as further set forth herein. You can obtain a copy of the rules of these organizations by contacting the arbitration organization or visiting its website.
- Allocation of Fees and Costs The Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules. The arbitrator may, in the Award, allocate to the prevailing party all or part of the costs of arbitration, including the fees of the arbitrator.
- The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or is against a party in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel consisting of lawyers with at least ten (10) years of active consumer or commercial litigation practice or retired judges. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to the arbitration service’s rules and a final determination by the arbitrator of a fair apportionment of costs.
- This arbitration requirement shall not apply to any action within the exclusive jurisdiction of the small claims court. If an action is brought in small claims court and any circumstance removes such action from the jurisdiction of the small claims court, the matter must then proceed to arbitration in accordance with this agreement to arbitrate.
- This arbitration requirement shall not apply to actual or threatened violations of Home Change, Inc.’s intellectual property rights. In the event of an actual or threatened violation of Home Change, Inc.’s intellectual property rights, Home Change, Inc. is permitted to bring a lawsuit in any court of applicable jurisdiction for injunctive relief to prevent violations of Home Change, Inc.’s intellectual property rights without the need to first resort to arbitration as described herein.
- The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Any state or federal court having jurisdiction may enter judgment on the arbitrator’s award. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard for any conflict or choice of law rules.
- To the extent that any part of this provision is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining clauses in this provision shall survive. This agreement to arbitrate shall survive the assignment of a purchase or lease agreement to a lease financing company, bank or other lending institution. This agreement to arbitrate shall apply to all claims arising out of or relating to using this Web Site or the services offered via this Web Site, except as may be otherwise provided for above.
IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, THE CUSTOMER/VISITOR UNDERSTANDS AND AGREES: (1) TO RESOLVE ALL DISPUTES WITH Home Change, INC. BY BINDING ARBITRATION RATHER THAN THROUGH LITIGATION IN ANY COURT, EXCEPT AS SPECIFICALLY SET FORTH ABOVE; (2) THAT THE CUSTOMER/VISITOR GIVES UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM AGAINST Home Change, INC, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS AS A MASS ACTION; (3) THAT OTHER RIGHTS THAT YOU AND Home Change, INC. WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; AND (4) THAT CUSTOMER WAIVES ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, Florida.