Terms of Use

Version 1.1

October 20, 2015

Acceptance of Terms

The web pages available at www.homewyse.com, and all linked pages ("Site"), are owned and operated by Costwyse LLC, and are accessed by you under the Terms of Use described below ("Terms").

Accessing any page of this Site other than our home page and this "Terms" page constitutes your consent to these terms of use and to the Homewyse Privacy Policy. If you do not consent, do not use this Site.

Your use of the Site to do anything beyond simply accessing/viewing it (for example, editing Price Lists, creating new Price List calculators, sending a support inquiry etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms and by our Privacy Policy.

What is Required of You

In order to keep the Site active, honest and legal, we require that you:

  • Must NOT IN ANY WAY represent your posting of any content at homewyse.com as a recommendation or endorsement of you, your services or your business by Homewyse
  • Must NOT impersonate another person or falsely represent any organization or business
  • Must NOT upload or post any information that might be owned or copyrighted by someone else
  • Must NOT upload, post or link to any material that is obscene, harassing, defamatory, or demeaning (with respect to knowledge of other users, race, gender, religious or sexual orientation)
  • Must NOT upload, post or link to any advertising, solicitations or adult content
  • Must NOT upload, post or link to any material that encourages illegality
  • Must NOT extract, copy or use any information from the Site that you did not post on the Site
  • Must NOT post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Homewyse user
  • Must NOT create or submit unwanted email or other messages ("Spam") to any other Site users
  • Must NOT use any robot, spider, scraper or other means to access the Site for any purpose without our express written permission

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.

Description of Service

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.

About the Content You Provide

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.

Registration Obligations

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:

  • Select or use as a Homewyse ID the name of another person or business with the intent to impersonate that entity
  • Use as a Homewyse ID a name subject to any rights of a person other than you without appropriate authorization
  • Use as a Homewyse ID a name that is vulgar or offensive

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 abuse@homewyse.com.

Protection of Site Content

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.

Intellectual Property: Content You Submit to the Service

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.

Copyright Issues and Infringement Claims

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:

  • A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf.
  • Instructions on how we may contact you: preferably email, but also address and phone.

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.

Homewyse Privacy Policy

Homewyse's current Privacy Policy is available at www.homewyse.com/privacy.html (the "Privacy Policy").

Indemnification

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:

  1. Your breach of this Agreement
  2. Any allegation that any content or information you submit to us or transmit to the Homewyse website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party
  3. Your negligence or willful misconduct
  4. Harm caused to or loss suffered by any third party as a result of using the content, numerical data, advice, guidance or other information that You post to Homewyse.

Warranty Disclaimers

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.

Links

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.

Limitation of Liability

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.

Termination

Homewyse may terminate or suspend any and all Services and your Site account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your homewyse account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Trademarks

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.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind homewyse in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Homewyse shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond homewyse's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with homewyse's prior written consent. homewyse may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting homewyse's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Modifications of Terms of Use

Homewyse reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. These modifications will be announced prominently on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.