Terms of Use | Privacy

Terms of Use Agreement

This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between HomeDiary, LLC (doing business as “HomeDiary” or “HomeDiary.com”), a Washington limited liability corporation ("HomeDiary," "we," "us," "our") and you with respect to your use of the HomeDiary Site, applications, and all other properties (mobile, web or otherwise) and the products and services offered by HomeDiary through them (collectively, the “Site”, “HomeDiary Service”, “Services”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Site.

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.

Eligibility

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.

Registration

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.

Privacy Policy

You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Site will be treated in the manner described in our Privacy Policy, which can be found at http://www.homediary.com/terms#privacy. Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.

Description of the Services

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 Use of the Services

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.

HomeDiary’s Intellectual Property Rights

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.

Access and Interference

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.

Disclaimer of Representations and Warranties

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.

Press “Confirm”

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.

Modifications

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.

Governing Law and Forum for Disputes

Washington state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Washington law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HOMEDIARY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

Privacy

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.

Our Commitment to you

HomeDiary is committed to making your HomeDiary experience satisfying and safe. Our data collection policies allow you to choose how much information you provide to us, subject to a minimum amount of data in order for us to properly deliver our services to you, and what HomeDiary does with the information you supply. HomeDiary will keep your information within the HomeDiary service, which may include the vendors that assist us in providing such service. Please note that HomeDiary uses email almost exclusively to communicate with you. If you order our products, we still need to send you emails for the orders as part of the approval and acceptance process. HomeDiary collects information online to allow you to use our services. Depending on the service you are accessing, you could be asked at various times to provide information such as your name, email address, street address, contact phone number or other information related to the floor plan services. On other occasions such as when we require payment for HomeDiary Services, you may be asked for your credit card number to conclude the transaction. As discussed below, information provided by you in connection with payment for the HomeDiary Services will be collected by, and subject to, the Privacy Policy of our ecommerce vendor. Information collected online is often defined as being either anonymous or personally identifiable:

Anonymous Information refers to information that cannot be tied back to a specific individual. Generally, Anonymous Information may be gathered by tracking use of our web site. For instance, we may know that thousands of people have visited this HomeDiary Privacy Policy webpage, but we do not necessarily know their names, where they live, or their date of birth. What we collect from transactions such as these constitutes anonymous information. Some of the individuals who access our services do not sign-up for an account and, therefore, those individuals are anonymous to us, and the only data we collect about them is anonymous information.

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.

Scope of this Privacy Policy; Outside Links

This Privacy Policy only applies to our web site and our services. The web site may also contain links to sites operated and maintained by third parties over which we have absolutely not control. These may include sites of third-party advertisers or Service Providers. Please be aware that these sites may collect information about you and operate according to their own privacy practices that may differ from this Privacy Policy. For example, third-party web sites serving ads on our web site may use cookies or request personally identifiable information from you. Remember, that once youre outside this site or click on a third-party advertiser, any information you submit is outside of our control.

What Personally Identifiable Information of yours is collected by HomeDiary

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 Cookies

A cookie is a small text file that is stored by your browser that contains information related to a web site. Each web site you visit may store a cookie on your computer that contains information assigned by that web site. You are always free to decline cookies if your browser permits. Each such cookie can only be read by the web site that created the cookie. HomeDiary uses cookies to enhance the delivery of services we provide you. We will use this cookie to keep track of your visit to HomeDiary so that we can deliver our services to you. This cookie will only contain information that you have consented to provide HomeDiary, and information generated by HomeDiary that is needed to provide our services. This cookie information is not shared with or used by any third party other than vendors that may assist us with the HomeDiary Services.

Information Distribution

If you are providing us Personally Identifiable Information, it will be used to deliver our services. We may use other companies or individuals to perform supporting functions for services you have ordered from HomeDiary. These Service Providers will not be permitted to use the Personally Identifiable Information collected from you for any purpose other than performing the support functions for HomeDiary (or such other additional services for which you opt-in). For example, we use a third party to provide us with ecommerce billing functionality. In addition, we use third-party contractors in connection with the HomeDiary Full Service option. Such vendors only will use your Personally Identifiable Information to provide the services requested by you. Except to provide services requested by you, HomeDiary will not share your Personally Identifiable information with third parties without your consent unless we believe that such action is necessary to comply with the legal process or to enforce or defend the Terms of Use in connection with our services. Nor will we rent or sell your Personally Identifiable information to third parties without your permission. HomeDiary may use Anonymous Information so that we can understand how to make this web site and our services more convenient and useful to our customers. This information may also be shared, in aggregate form, with our current and potential advertisers, Service Providers, partners, affiliates, investors and marketing allies.

EMAIL: What choices are available to you regarding collection, use, and distribution of the information

HomeDiary offers you the ability to control the email communications we make to you. It is our intention to give you as much control over our relationship as possible. Registering for a HomeDiary service requires that you consent to receive emails about that service from HomeDiary. However, HomeDiary gives you the opportunity to unsubscribe to general email communication from us – clear directions for doing so will appear in the email messages we send to you. However, even if you opt-out from receiving general email communication from us, HomeDiary reserves the right to send a one-time registration confirmation email, service alert messages and other information concerning the customers account or services ordered (including service changes or issues with the Terms of Use). At times, HomeDiary may enter into co-marketing arrangements with other companies, and if so, an opt-in or opt out question may be present to allow email contact from these companies as well. Prior to opting in to allow us to share your email information with any such company, you should read their privacy policy and terms of use, if applicable, to make sure you are comfortable dealing with that company. As discussed above, HomeDiary is not responsible for the use of your information by any such third party.

What kind of security procedures are in place to protect against the loss, misuse, or alteration of information under the company’s control

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.

How you can correct any inaccuracies in the information

HomeDiary believes strongly in providing you with the ability to access and edit the personal information that you have provided to us. To update the information retained about you, please log-in to the Registered User section of the HomeDiary web site and update the information. Alternatively, you may send an email to us at support@homediary.com and include the information that is incorrect along with the correct information. Or if you have other concerns about this Privacy Policy or our privacy practices in general, you may contact us at:

HomeDiary LLC (dba HomeDiary)
PO Box 1782
Issaquah, WA 98027

Effective Date and Modifications

This Privacy Policy is effective as of the date first written above and may be updated and modified from time to time by us in our sole discretion. Your use of this web site and your agreement to our Terms of Use in connection with any services ordered by you signify your agreement to this Privacy Policy. If we choose to update or modify this Privacy Policy, such updated or modified policy shall become effective five (5) days after its posting on this web site. Accordingly, we encourage you to review this Privacy Policy and this website periodically in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, please do not use this web site or any of the HomeDiary Services.