This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.
Access to certain functionalities of the Site will require you to register with and/or provide certain information to HomeDiary. If and when you register with or provide information to HomeDiary, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
The HomeDiary Service is a home information management service that allows you to consolidate and track your home information. The HomeDiary Service is provided to you without charge (it is free) and is meant to provide you with tools to allow you to organize and manage your home information.
HomeDiary allows Users to create floor plan renditions of real estate properties. HomeDiary directly, through information supplied by registered Users, or through third-party Service Providers, provides the development and production of fee-based floor plan renditions. These are referred to collectively herein as “HomeDiary FloorPlan Services”.
Users who order HomeDiary FloorPlan Services agree to supply HomeDiary, or its authorized Service Provider (“Authorized Service Provider”), with information about themselves and the property for which they want a floor plan: 1) for Do-It-Yourself orders, a rough sketch of the property layout, associated room dimensions of the property and, if appropriate for the services ordered, digital pictures of various rooms (collectively, DIY Information) and 2) for Full Service orders, it may include the applicable multiple listing service number of the property, the property address and contact information of the agent or seller to enable the Authorized Service Provider to make the service appointment. For DIY Information, Users assert that they have the proper copyrights in any information supplied to us (see Copyright information below). For Full Service orders, HomeDiary will engage an Authorized Service Provider to perform the service work according to the instructions the User provides on the order form (collectively, Full Service Information). DIY Information and Full Service Information shall collectively be referred to as Property Information. User agrees and asserts that neither HomeDiary nor any Authorized Service Provider confirms, corroborates, or takes any responsibility as to the accuracy of Property Information provided by any User. Each User ordering HomeDiary FloorPlan Services warrants that it has full right and authority to engage the services of HomeDiary and to provide HomeDiary and its Authorized Service Provider with the Property Information or to engage HomeDiary for such services.
HomeDiary will create a computerized rendering of the floor plan and, if ordered, will create an interactive floor plan with pictures and/or virtual tour hotspots. The interactive floor plan will be presented in the form of a unique link for each property. Each floor plan will be reviewed by the registered User prior to finalization. Such User will be responsible for obtaining any necessary permissions (including permissions from the underlying property owners and their associated broker, if applicable, and any copyright holders), prior to uploading original source content and then in linking of the interactive floor plan to Users web site. The registered User assumes all responsibility for the use of floor plans after the link has been posted on the Users web sites. For materials you post or otherwise provide to HomeDiary in connection with the services (your “Submission”), you grant HomeDiary an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.
Once you pay for the HomeDiary Services, HomeDiary provides you a royalty free right to use the finish materials (such as the virtual tour link, photos and floor plan files). If you fail to pay for the HomeDiary Services, you do not have any right to use the finished materials in any manner, and such use is a violation of United States Copyright Laws. As such, any use in violation of our Copyrights will cause us to contact the violating websites and request an immediate removal of such material. In addition, you may also be subject to legal damages we suffer as a result of your nonpayment and use.
As HomeDiary uses email, on an almost exclusive basis, to provide HomeDiary Services, Users ordering HomeDiary Services consent to receiving email from HomeDiary with respect to the HomeDiary Services. If User orders HomeDiary’s Full Service option, Users consent to receive emails or other forms of communications from the HomeDiary Authorized Service Provider contracted by HomeDiary to assist with providing such service. In addition, User consents to the disclosure by HomeDiary to such Authorized Service Provider of Users email address and such other information concerning the User or the property as is necessary to provide the services requested by User
To assure the value of HomeDiary’s services, Users ordering HomeDiary Services agree that all of the Property Information User has provided or will provide to HomeDiary, whether online or otherwise, is accurate and complete and User agrees that User will refrain from impersonating or falsely representing your affiliation with any person or entity. HomeDiary reserves the right to terminate or suspend access to Users floor plans and/or the HomeDiary Services if HomeDiary receives complaints that such floor plans are inaccurate or misleading.
The Services may also present you information relating to third party products or services (“HomeDiary Offers”), as well as provide you general tips, recommendations and educational material.
Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes.
Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that HomeDiary, in its sole discretion, may elect to take. In no event will HomeDiary be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for HomeDiary to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to HomeDiary or its software or content suppliers. HomeDiary grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without HomeDiary’s express written consent, which may be withheld in HomeDiary’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Services and other than generally available third-party web browsers;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HOMEDIARY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER HOMEDIARY OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HOMEDIARY OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations on HomeDiary’s Liability
HOMEDIARY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF HOMEDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, XXXXXXXXX’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of HomeDiary
You shall defend, indemnify and hold harmless HomeDiary and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
Ending your relationship with HomeDiary
This Agreement will continue to apply until terminated by either you or HomeDiary as set out below. If you want to terminate your legal agreement with HomeDiary, you may do so as follows:
To close your account for the HomeDiary Service, please use the directions below:
Login to your HomeDiary.com account.
Go to “Your Profile”.
Locate the “delete account” option.
Click “delete account” where prompted.
Enter in the password for your HomeDiary..com account.
Your account will be closed and your ability to log in deactivated immediately. Your HomeDiary.com account data will be removed within 48 hours subject to and as explained in our Privacy Statement.
HomeDiary may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if HomeDiary in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that HomeDiary may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that HomeDiary shall not be liable to you or any third party for any termination of your access to the Services.
HomeDiary reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. HomeDiary reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that HomeDiary shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
HomeDiary may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
Washington state law governs this Agreement without regard to its conflicts of laws provisions.
HomeDiary is committed to protecting the privacy of the users of its services and this Web Site. When you register for HomeDiary’s services, the information you provide to us is used only to provide the services for which you have registered and to deliver email notifications to you (or people you designate as your recipients). Our data collection policies with regard to current and future services allow you to choose how much information you provide to us, and to control how we use that information. Read below to find out more.
Personally Identifiable Information refers to information that we have collected from you and that tells us specifically who you are, such as your name or email address. In many cases we need this information to provide the personalized or enhanced service that you have requested. We hope that, like many of our customers, you will find it beneficial to provide Personally Identifiable Information to HomeDiary so that we may provide valuable services to you.
When you register for HomeDiary online services, the information you submit to us is used to provide the service for which you have registered. Depending on the services you have chosen to use, some or all of your Personally Identifiable Information may be used by HomeDiary to provide such services, including through our vendors who help us provide those services. With your prior consent, certain Personally Identifiable Information may be shared with other parties. If your information is shared or used outside the services you requested, you will be notified and given the opportunity to consent to that use of your information. When registering for HomeDiary Services, you provide HomeDiary with your email address and other Personally Identifiable Information. We will use this Personally Identifiable Information to deliver services such as the floor plan rendering services and interactive floor plan service. We may also send you information about other services if you have opted in to receiving such notifications.
HomeDiary operates data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. Any particularly sensitive information, such as a customer’s credit card number collected for a commerce transaction, is encrypted prior to transmission, and in the case of a credit card number, is not stored by HomeDiary unless you specifically instruct us to store the number. Unfortunately, no data transmission over the Internet or the storage of information on servers can be guaranteed to be 100% secure. While we strive to protect your Personally Identifiable Information, we cannot warrant or guarantee its complete security.
HomeDiary LLC (dba HomeDiary)
PO Box 1782
Issaquah, WA 98027