In order to keep the Site active, honest and legal, we require that you:
If you do not comply with these policies, or if you do anything illegal, in addition to any other legal rights we may have, we reserve the right ban you, block any inbound links to any content you've created on the Site, permanently delete all your customized content, report you to the authorities - if appropriate, and prevent you from using the Site.
Homewyse provides certain services and content ("Services"), as described more fully on at www.homewyse.com. Services include, but are not limited to Homewyse content, project price lists and user supplied content (including, but not limited to price lists, cost estimates, user comments, messages, information, data, images, pdf formatted project guides and video clips, also known as the "Content"). Homewyse may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any Service feature or Content. Homewyse may also impose limits on certain Service features or restrict your access to parts or all of the Service without notice or liability.
You can create and modify Price List Calculators ("Calculators"). By default these Calculators may be published for all homewyse.com users to view, perform and copy online, along with the Username ("Homewyse ID") that you specified when you created your Homewyse account. At any time, you can copy and share the url references to your Calculators with anyone you choose. If this url reference is posted by you - or anyone using the Site - to public sites such as Google+, Facebook, Twitter, Digg, Reddit, etc, then your content (Calculator) may end up being publicly accessible through third party seach engines including Bing, Google and Yahoo.
As a condition to using the Site services, you may be required to register with homewyse and select a password and Username ("Homewyse ID"). You shall provide Homewyse with accurate, complete, and updated registration information. You may not:
Homewyse reserves the right to refuse registration of, or cancel a homewyse User ID in its discretion. You are wholly responsible for specifying a safe, unique password and maintaining the confidentiality of your password to the Site.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
If you see anything on the Site that shouldn't be there because it violates our policies or for any other reason, please let us know by emailing us at email@example.com.
Homewyse grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights homewyse has in the content on the Site, to privately display and perform the Site on your computer or smartphone for your own personal, noncommercial purposes. Homewyse reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors (including contributors), and homewyse does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from homewyse.
By creating a Pro Price List or entering other content, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any data or content you add to the public portions of the Site, you grant Homewyse a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of the Site, the license you grant to Homewyse pursuant to the preceding sentence will automatically terminate, but will NOT be revoked with respect to any file or content Homewyse has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of the Site (such as the Pro Price List section of the Site) may be used by the public pursuant to the following paragraph even after you delete it.
By copying or downloading content from the Site, you agree that you will not use such file or other content outside of the Site except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.
Homewyse will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Homewyse may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We reserve the right to refuse to remove any material that in our view constitutes fair use.
Notifying Homewyse of Copyright Infringement: To provide Homewyse notice of an infringement claim, you must provide an email communication with a subject line that includes the terms "DMCA Infringement Notification", sent to:
[abuse (at) homewyse.com]
The communication must clearly set forth all information specified by the DMCA for copyright claim infringements. including:
Note that you will be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HOMEWYSE, OUR EMPLOYEES, AGENTS, SUCCESSORS AND OTHER REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM:
Although we strive to make Homewyse as dependable as possible, Homewyse's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our Service is entirely at your own risk. We do not guarantee the availability of our Service at any given time, or the reliability of our Service when it is running, or that the electronic representation of your content in the Service will not be damaged or corrupted. We do not guarantee the accuracy of the data or calculations provided by homewyse on the Site. We do not guarantee the integrity of, or the continued availability of, files or content on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our sole discretion.
YOU USE THIS SITE AND INFORMATION AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE FINALIZING ANY DECISIONS OR CHOICES RELATED TO THE CONTENT, OPINIONS and OTHER INFORMATION ON THIS SITE.
THE SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITE, OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
HOMEWYSE MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS AND ADVERTISING PLACED ON THE SITE. HOMEWYSE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.
HOMEWYSE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE HOMEWYSE SERVICES, EVEN IF HOMEWYSE HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE HOMEWYSE SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.
The Site and Site Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Homewyse has no control over such sites and resources, you acknowledge and agree that Homewyse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Homewyse 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 use of or reliance on any such Content, goods or services available on or through any such Site or resource.
IN NO EVENT SHALL homewyse OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Homewyse, and the graphics, logos, designs, page headers, stylized icons, scripts, source code, price list calculators and service names used the Site are registered trademarks, trademarks or trade dress of Costwyse LLC in the U.S. and/or other countries. The trademarks and trade dress of Homewyse may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.