Last Updated: May 2024
By accessing www.homeiq.build (the "Website"), you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access the Website. These Terms of Use may be updated or modified at any time. Your continued use of the Website following any changes to these Terms of Use constitutes acceptance of such changes. The Website is owned and operated by HotelOS, Co. ("HomeIQ). You must be at least 18 years of age, or have a legal guardian's approval, to access and use the Website.
You acknowledge and agree that your use of the Website is subject to HomeIQ's Privacy Policy. HomeIQ's Privacy Policy is incorporated into and made a part of these Terms of Use.
The Website is designed for your personal, non-commercial use and is not intended for the use or benefit of any third party. You are solely responsible for ensuring that your use of the Website is in compliance with all laws, rules and regulations applicable to you. You may not use the Website (i) for unlawful purposes; (ii) to take any action that imposes or may impose (as determined by HomeIQ in its sole discretion) an unreasonable or disproportionately large load on its (or its third party providers') infrastructure; (iii) to interfere or attempt to interfere with the proper working of the Website; (iv) run any form of auto-responder or "spam" on the Website; (v) to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website; or (vi) modify, translate, or otherwise create derivative works of any part of the Website.
The Website may contain links to third party websites, services or resources (collectively, "Third Party Sites"). When you access Third Party Sites, you do so at your own risk. These Third Party Sites are not under the control of HomeIQ, and you acknowledge that HomeIQ is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Sites. The inclusion any link to a Third Party Site on the Website does not imply any association between HomeIQ and the operators of such Third Party Site. You further acknowledge and agree that HomeIQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Site.
The Website may include links to third party websites which may allow HomeIQ to earn a commission if you click on or make a purchase via a such link (each an "Affiliate Link"). If you purchase any of the products or services offered at an Affiliate Link, you are purchasing directly from a third party and not from HomeIQ. HomeIQ is not responsible for examining or evaluating, and does not warrant as to, the offerings of any third parties (including the content of websites, product or service availability, or pricing). HomeIQ does not assume any responsibility or liability for the actions, products, services, or content of such third parties and such third parties may have their own terms and privacy policies to which you may be bound.
HomeIQ's trademarks, logos, service marks, and trade names (collectively, the "Trademarks") displayed on the Website are registered and unregistered trademarks of HomeIQ and may not be used in connection with products or services that are not related to, associated with, or sponsored by HomeIQ. All Trademarks not owned by HomeIQ, if they appear anywhere within the Website, are the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any HomeIQ or third-party trademarks.
All rights not expressly granted to you in these Terms of Use are reserved and retained by HomeIQ or its licensors, suppliers, merchants, publishers, rightsholders, or other content providers.
Any feedback, comments, or suggestions you may provide regarding the Website (collectively, "Feedback") is entirely voluntary and HomeIQ will be free to use such Feedback at its discretion and without any compensation or obligation to you.
THE WEBSITE IS PROVIDED "AS IS", "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HOMEIQ DOES NOT REPRESENT OR WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. You understand and acknowledge that the content that you view on the Website is intended for informational purposes only; it does not constitute technical or professional advice and does not guarantee in any way compatibility with your personal systems or devices.
If you believe that any content linked to or hosted on the Website violates your copyright, you are encouraged to notify HomeIQ. HomeIQ will respond to all such notices as required by applicable law, including by removing the infringing material or disabling all links to the infringing material. HomeIQ will terminate a visitor's access to and use of the Website if the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of HomeIQ or others.
You agree to indemnify and hold HomeIQ, and its affiliates, contractors, consultants, employees, agents, third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, or any violation by you of these Terms of Use. HomeIQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate with HomeIQ's defense of such claims.
IN NO EVENT SHALL HOMEIQ OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID BY YOU TO HOMEIQ, IF ANY, IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. HomeIQ shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Santa Clara County, California.
HomeIQ may terminate your access to all or any part of the Website at any time, without notice, for any reason, including but not limited to your breach of these Terms of Use. Upon termination, all provisions of these Terms of Use which by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
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