Homestead Terms of Use
The following terms and conditions (the "Terms" or "Agreement") govern all use of the Homestead America Ltd website at https://www.homesteadcos.com (the "Website" "Site"), its sub-domains, affiliated websites and applications, any mobile version and the products and Services made available on or through the website (collectively, the "Service" or "Homestead Service"). The Service is owned and operated by Homestead America Ltd, ("Homestead"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available on the Service from time to time.
These Terms, together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."
Certain services we provide to you may be subject to additional terms and such additional terms will be presented to you when you use such service. If the terms and conditions herein this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall be superior and shall control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into these Terms.
Please, read these Terms, Agreement, and any additional terms applicable to your use of the Services before using them. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.
Throughout these Terms, we use "Homestead," "we," "us," and "our" to refer to Homestead, offering our Services to you. "You" means the organization you represent in accepting these Terms or, if that is not applicable, "you" refers to you as an individual who makes use of the Homestead services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Changes To This Agreement
We may update these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the updated Terms on the Service ("Update Notice") or through other communications, such as the email address registered in your account. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted updated Terms on the Service, you are indicating to us that you agree to be bound by the updated Terms. Supplemental terms and conditions or documents that may be posted on the service from time to time are hereby expressly incorporated herein by reference.
The contents of the Service may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this website, you agree to be bound by any such revisions.
Because our Services are evolving, over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
2. Intellectual Property Rights, License, and Restrictions
Intellectual Property Rights: This Service is controlled and operated by Homestead and all material on the Services, including but not limited to software, images, illustrations, user interface, text, scripts, graphics, audio clips, video clips, and other interactive features (collectively the "Homestead materials"), made available to you on the Services. Logos, trademarks, and service marks contained herein, are owned by Homestead. Other service marks, logos, and names on this Site are the property of their respective owners. Any use of the Services or the contents made available to you on the Services other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, but without limitation to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Homestead at any time without notice and with or without cause.
License and Restrictions: As an authorized user and subject to your compliance with these terms as expressly stated herein and your payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the software and services provided in connection with the Service solely for your own use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service or any documentation provided by us, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Homestead may change, discontinue or suspend the Service, including the availability of any feature, content, or database, at any time, with or without notice. Homestead may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that Homestead may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service, and the maximum storage space that will be allocated on your behalf on Homestead's servers. You agree that Homestead has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
3. User Representation and Acceptable Use
Although we are committed to providing a safe user experience, we do not guarantee that the site, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree to access and make use of the services for lawful purposes only and hereby represent, warrant, and agree that no materials of any kind submitted, posted, or shared by you through the service will be in violation of the rights of any third party including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
You shall not host, display, upload, modify, publish, transmit, update, or share any content or information that:
Belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content, such as providing links to them, providing information about them;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
Tries to gain unauthorized access or exceeds the scope of authorized access to the Services or to profiles, blogs, communities, account information, bulletins, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms.
Solicits gambling or engages in any gambling activity that we, in our sole discretion, believe could be considered illegal.
You shall not use any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
You shall not attempt to buy any prohibited products through Homestead's Services.
You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered, by hacking, password "mining" or any other illegitimate means.
You shall not attempt to encourage, permit, or allow other users of the Services to do anything that is prohibited or anything that violates the terms of this Agreement.
You shall not use our Services for fraudulent or illegal purposes or in connection with a criminal offense or any other unlawful activity.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Services, or any other customer, including any account on the Services not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
You shall not attempt to obtain another user's account username, password, or other security information.
You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
You shall not use our Services for any other purpose that is other than what is intended by Homestead as described herein.
The Content You Access: It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Services, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Services. Please carefully select the type of information that you publicly disclose or share with others on the Services.
4. User Content
Users, publishers, and third parties make some of our Services' content available. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Homestead reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Content You Submit
Subject to the limitations set forth herein, our Services may contain blogs, pages, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services.
User Contents and submissions are the contributions of independent users not affiliated with Homestead, whose opinions are their own. Homestead does not guarantee the accuracy, integrity, or quality of users' opinions and advice posted on the site. Your use of any user submission provided on the Service is at your own risk.
You also agree only to post User Contents to Homestead if you know you have the necessary rights to do so. By uploading a User Content, you represent and warrant that (i) you own or otherwise control all of the rights to such User Content; (ii) that the User Content is accurate; (iii) that the use of such submission does not violate this Agreement and will not cause injury to any person or entity, and (iv) that you will indemnify Homestead for all claims relating to such submission.
Unless we indicate otherwise, by posting or submitting such User Content to the Services, you grant Homestead a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Homestead and its affiliates are free to use any ideas, concepts, or know-how contained in your content for any purpose whatsoever, including, but not limited to, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Monitoring Your User Content
We may, but are not obliged to monitor the use of any feature made available to you for use from time to time. However, we still rely on you to inform us of any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged, or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Homestead, please get in touch with us.
Homestead is not in any way involved in any arrangements made between Users. Any postings on Homestead and the uploading of any photos, pictures, videos, animations, or other audio-visual material to Homestead by users of the Services does not constitute any form of recommendation, representation, endorsement, or arrangement by Homestead. In particular, we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement, or its quality or safety. Get in touch with us if you have any concerns about the content of any information seen on the Service.
You also understand that any information posted via the Service or other communication features made available to you on the Homestead Services is the opinion of the person posting such User Content or information. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.
We reserve the right (but we are not obliged) to do any or all of the following:
Investigate a claim that any one or more items of content do not comply with the acceptable use rules set out in this Agreement, or as may be determined in our sole discretion, to remove or request the removal of the content;
Remove without notice any content that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms;
Terminate a user's access to post content;
Monitor, edit, or disclose any content; edit or remove any content posted on Homestead, regardless of whether such content breaches these Terms;
Suspend or terminate your access to Homestead.
5. Rights That You Grant Us Over Your Content
Some of our services allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Granting us a license to make use of your content does not deprive you of the rights you have over such content; you own the intellectual property rights in any such content that you create and share on Homestead. This implies that when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
This means, among other things, that you will not be entitled to any compensation from Homestead, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services.
In addition, you agree that we and our affiliates:
Are allowed to retain and continue to use your content after you stop using Homestead;
May be required to retain or disclose your content: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal processes; (iii) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
May be required to retain or disclose your content in order to enforce these Terms or to protect any rights, property, or safety of ours, our affiliate companies or other users of Homestead.
You understand that even if you seek to delete your content from Homestead, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of your content that you have made public via Homestead.
While we are not required to do so, we reserve the right to block or remove your content for any reason, including as we deem appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate your content's visibility, status, or rank on Homestead.
You alone remain responsible for the content you create, upload, post, send or store through the Service.
6. Your Safety; Interaction With Other Users
The Services may allow you to interact with other users in person or online. Although Homestead strives to encourage a respectful member experience, Homestead is not responsible for the conduct of any member on or off of the Services that we provide. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.
By making use of the Services, you understand and agree that we have the right to monitor your access and use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We also have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the terms herein.
7. Non-Discrimination Policy
Homestead prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Homestead wants all of our users to feel safe and welcome, and we do not tolerate any conduct that we determine to be discriminatory.
8. How We Communicate: Consent to Electronic Transactions, Communication and Disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from Homestead to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Homestead service and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
Consent to monitoring and recording of calls: Homestead may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between Homestead and any user will be confidential.
Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, we may still send you relevant information about your account and any transaction detail carried out between you and other users on the Homestead Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Homestead service.
9. Copyright Infringement and DMCA Notification
Homestead respects the intellectual property of others and asks its users of the Services to do the same. Homestead's Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Homestead has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you believe that your copyrighted work has been copied and is accessible on any of Homestead's Services in a way that constitutes copyright infringement, please notify us by sending us an email at compliance@homesteadcos.com.
Notification of alleged copyright infringement
In order to be valid, the notification must be in writing and must contain the following information:
A description of the copyrighted content or other intellectual property that you claim has been infringed;
A statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
A detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
Your address, telephone number, and email address;
A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
A statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Counter-notification of alleged copyright infringement
If you believe that your content on the Homestead Services was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and be sent to our email at compliance@homesteadcos.com.
Your name, telephone number, email address and physical address;
A description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material in question; and
Your electronic or physical signature.
Upon receipt of a counter-notice from you, Homestead may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that Homestead may restore the disabled content. unless the complaining party files an action seeking a court order against Homestead, the disabled content may be restored by Homestead.
10. Feedback and Comments
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Homestead or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the Homestead Services by using the Feedback at Homestead's sole discretion.
Homestead is not legally responsible for any feedback posted or made available on the Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, Homestead reserves the right (but is under no obligation) to remove, edit, move, delete, analyze, evaluate and monitor such posted user content, feedback or information that, in Homestead's sole judgment, violates its terms or negatively affects our Services, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Homestead.
You understand that your feedback content shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any feedback content to the Homestead's website, Homestead will treat such feedback content as non-confidential. User hereby grants Homestead, its affiliates, and marketing partners, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers) and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such feedback, in whole or in part, including existing and future rights that Homestead (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all Content in connection with the sale of products through the Homestead Services and for the real estate listing, advertising, marketing and promotion of such products or the Services, including without limitation, through the Homestead Site, third party websites, email, social media or any other medium. User agrees that Homestead may permit users of the Homestead Services to share and post content on their own social media outlets.