Last Updated October 2, 2025

FloorPlanOnline LLC, dba HomeDiary or HomeDiary PRO, and its subsidiary HomeDiary of Texas LLC (collectively referred to as “HomeDiary”) offers services to you, the “User,” conditioned on your agreement to adhere to the following Terms of Use without modification of any kind. By clicking I Agree as part of your registration with HomeDiary and/or your use of HomeDiary’s services constitute your agreement to these Terms of Use. In addition, use of this Web Site and HomeDiary’s services by Users who have not registered with HomeDiary constitutes agreement to these Terms of Use with respect to the use of this Web Site and the services offered through this Web Site. These Terms of Use incorporate by reference the HomeDiary Privacy Policy and are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Use prior to each use of HomeDiary services or this Web Site.

USE OF THIS WEB SITE
You promise that you will not use this Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use. You agree that, unless expressly provided herein, you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, products or services obtained from this Web Site. Except with the written permission of HomeDiary, you will not create links from any web site or web page to any page within the HomeDiary websites. The origin of any such permitted link must be accompanied by a clear and prominent attribution indicating that the link is connected to the HomeDiary web site, unless otherwise agreed to by HomeDiary. However, you agree that you will not juxtapose the HomeDiary name and marks and the permitted link with your name or any other materials in a manner that might give rise to any erroneous conclusion that there is any affiliation or association between HomeDiary on the one hand, and you or any other person or entity on the other hand. You agree that HomeDiary may terminate any such permitted link at any time. In addition, you agree not to transfer or sell any information, content such as photos or floor plan images, software, lists of users, databases or other lists, products or services provided through or obtained from the HomeDiary Services. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the HomeDiary Services in any manner that could damage, disable, overburden, or impair the HomeDiary Services or interfere with any other party’s use and enjoyment of the HomeDiary Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HomeDiary Services.

HomeDiary Services for Real Estate Agents, Property Owners, Builders, other Real Estate Professionals and businesses.

HomeDiary allows Users to create artistic photos, interactive floor plan renditions and 3D property tours of real estate properties for publication by registered Users on real estate oriented web sites and other web sites. HomeDiary directly, through information supplied by registered Users, or through third-party Service Providers, provides the development and production of the photographs, videos, floor plan renditions with associated hotspots of pictures and/or 3D walkthrough-type virtual tours, if applicable. All services provided by HomeDiary are referred to collectively herein as HomeDiary Services. Users who order HomeDiary 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 or interactive floor plan produced, which may include: 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 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 and the User shall jointly own all content created through the use of the HomeDiary Services.

HomeDiary will create professional photos of the property, a computerized rendering of the floor plan, if ordered, will create an interactive floor plan with pictures and/or a 3D walkthrough virtual tour. The virtual tour will be presented in the form of a unique link for each property. Each virtual tour and associated floor plan, if applicable, 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 and its subsidiary operations 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.  One example of use is we power the HomeDiary.com platform for home management, and allow buyers, and even sellers, to claim a copy of the home content to use either to help them manage their new home or keep as a keepsake of their old home.

Once you pay for the HomeDiary Services, HomeDiary provides you a royalty free right to use the content created (“Finished Materials”), such as the virtual tour link, photos, 3d tour and floor plan files, for your business and/or real estate listing for the life of the listing (or re-listing) and any ancillary marketing or business purposes for you and your company directly related to the Finished Materials.  To the extent the Finished Materials are used outside of the normal course of business (normal course includes listing distribution on the MLS, Realtor.com, Zillow and other portals, your and your company website, etc. or for use in a comparative market analysis for sold listings or the like), we do require prior approval and attribution on any materials used for any other purpose.  You may not resell or redistribute the Finished Materials or collect any compensation for such Finished Materials without our prior written consent.  For example, an article in Architectural Digest that utilizes our photography would require approval and appropriate re-licensing.  Please email us at legal@homediary.com.  Please note, 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 or statutory 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 the 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.

HomeDiary may from time to time offer eligible Users promotional opportunities to incent use of HomeDiary’s services within a particular time frame. These opportunities may include, but are not limited to, free offers, discounts, rebates, gift certificates, points or other incentives that are only available to Users for a specific time period or promotional opportunity. Not all Users may be eligible to receive all promotional opportunities.

HomeDiary Services for General End Viewers not Registered for HomeDiary Services
HomeDiary provides the hosting of the virtual tour presentation for the convenience of the end viewer of real estate web sites. HomeDiary offers you access to the HomeDiary Services solely for your personal and non-commercial uses of the pictorial representations of such virtual tour presentation. HomeDiary makes no warranty or representation as to the accuracy thereof, including but not limited to, room dimensions, room names, property layout configuration, floor plan scale, square footage, photo accuracy or photo locations, unless otherwise noted. For exact dimensions, you must hire your own architect, engineer or other similar real estate professional or use our certified square footage service for more accurate information. 

If and when requested by HomeDiary, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of HomeDiary, you agree that you will not access or attempt to access password protected, secure or non-public areas of the HomeDiary Web Sites. Unauthorized individuals attempting to access prohibited areas of the HomeDiary Web Sites may be subject to prosecution.

You agree that HomeDiary may in its sole discretion and at any time terminate your access to and use of the HomeDiary Web Sites or HomeDiary Services, or any part thereof, with or without notice.

HomeDiary Featured Vendors
From time to time, HomeDiary may include on its www.HomeDiary.com site or on its branded version of the interactive floor plan, third party services such as ecommerce sites or advertisers tailored to the audience of the web site. HomeDiary posts these services on its site or on the interactive floor plans as a service to its Users who may be interested in such services. HomeDiary is not responsible and makes no warranty or representation as to the quality or performance of the services offered. HomeDiary advises all Users to review each third party service offering carefully (and their associated privacy policies) prior to engagement with any third party Service Provider.

HomeDiary Authorized Service Providers
HomeDiary will use an Authorized Service Provider to perform the work requested for a Full Service order. HomeDiary has processes in place to engage certified real estate appraisers, photographers, or other real estate professionals, to perform such work. In some cases, the Service Provider may have an electronic access key issued by their local Board of Realtors` to enter real estate properties for sale. The Service Provider will perform the property measurement, sketching, 3D scan and photography services, as ordered by you, the User. Although HomeDiary endeavors to engage the most qualified Authorized Service Providers it can obtain, HomeDiary cannot be held responsible for the actions of such Authorized Service Providers on or with respect to the premises.

In certain markets, HomeDiary has agreements in place with licensee’s (“Licensee”) of the HomeDiary platform.  In these markets, users of the HomeDiary services are also subject to these Licensee’s terms of use.  Please see additional terms of use for these Licensees that are incorporated to your acceptance of the overall terms of use of HomeDiary.

  • Best View Imaging – Greater Boston & Rhode Island 
  • Image Habitat – New York
  • HomeDiary of Texas LLC – Texas

Modification Of HomeDiary Services
HomeDiary reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service with or without notice to any User. HomeDiary shall not be liable to any User or any third party with respect to any such modification or discontinuance of service. To the extent a service has been paid for by User, that particular service will continue until the use by User has been completed or HomeDiary will refund the fees for such service already paid by User

Fees and Registration Requirements for Users
HomeDiary offers services targeted to real estate professionals, property owners, developers, builders and Service Providers to the real estate industry. To receive these services, Users ordering HomeDiary Services must accurately complete a registration for each desired service and agree to relevant payment obligations. Depending on the service chosen, Users may be required to supply a valid credit card that is available for periodic payments.

All fees payable to HomeDiary are non refundable.  Some services may be subject to local sales tax and services that are taxable may vary based on the types of services purchased.

Membership Account Types & Hosting Fees
HomeDiary offers two basic account types for Users who use the HomeDiary services. – Pay per Tour or Subscription.  General terms of each account is described below:

  • Pay per Tour Users – Users may register as a Pay per Tour user.  With this account plan, you pay a one-time fee as each tour is created that covers the initial production and service work related to the tour, and hosting and support for one year from the initial production date of the tour (except for Matterport based tours – see below for specific Matterport terms). The pricing of each tour depends on the type and services rendered.   There are no monthly or set-up fees with this account option.  Hosting of the tour beyond 12 months from the date the tour is first produced will require a renewal fee to be paid by User. The virtual tour shall be hosted for the first 12 months as part of the initial fee paid, but note that HomeDiary will have the right to archive any Matterport associated with a sold or off market listing during this first 12 month period.  In other words, the fee paid shall include the hosting of the active Matterport for the shorter of the active listing period or 12 months, whichever comes first. See below under Matterport Services for more. HomeDiary will provide notice to the registered User within 30 days of such renewal period and will seek payment at the then current rate for the service ordered. See our current pricing page for more information on the types of tours and pricing.  Users are expected to pay for the tour at the time the tour is produced.  If HomeDiary is not able to bill for the services, it has the right to disable the tour and associated account until such time as it collects payment.
  • Subscription Users – Subscribers may register for either a monthly or an annual service plan with HomeDiary (limited access).   Subscribers are entitled to create unlimited virtual tours in their account for the stated subscription fee.  Users may also pay an upgrade fee to enhance the tour with content such as floor plans, vanity domain names, 3D Space Designer, Matterport and more.  See our Prices to view the current rates for our services.  As long as the User’s account is in good standing and current, the virtual tours will never expire, but HomeDiary has the right to archive old tours that do not receive any hits or traffic for a 3 month consecutive period.  If we are unable to bill a User’s account for any period, we will attempt to collect payment over a 10 day period by sending email notifications and/or other means of direct communication.  If we are unable to collect payment during this 10 day period, the User’s account will be suspended and all tours will be disabled from public view.  The account will remain in suspended status until the earlier of bringing the account up to good standing, which includes paying all cumulative subscription charges, or 6 months.  If we are unable to collect payment at the end of 6 months, the account will be deleted, along with all tours.  Subscription accounts are intended to be used by individual persons or small (3 or less people) teams for their own business need.  If a User is providing multiple virtual tours for multiple people out of one account, then a company license is required.  HomeDiary will monitor account usage and has the right to adjust the pricing of a particular account if the account is being used for more than one individual user.  Please contact Sales at 866-810-3816, option 2 if you would like to purchase a corporate license for one account.
  • Matterport Services & Hosting – HomeDiary has an enterprise account with Matterport and is charged on an active model basis for hosting of Matterport 3D tours, whether embedded inside the HomeDiary virtual tour or used outside on a stand alone basis.  As such, the hosting period for the Matterport services will be for the active listing period, or 12 months, whichever comes first.  The active listing period is defined as the point the virtual tour is published (regardless of active listing status in the MLS) to the close of the sale of the property. It is the responsibility of the user to manage the listing status of the virtual tour in the HomeDiary system, but HomeDiary has the right to corroborate the status with third-party data or active hits to the tour and to adjust the status of the tour and archive the active Matterport 3D tours associated with sold or off market listings.  Archived Matterport 3D tours may be set to active status with the payment of an active hosting fee of $60 for a new active hosting period, for up to 12 months.  Please contact Customer Care for more information.
    • After 12 months from the date the tour with Matterport was first created, you may renew a tour for an annual fee of $99.99, which includes the hosting of the active Matterport 3D tour and a discount on the HomeDiary tour, normally $19.99.  Matterport Active spaces may be separately hosted for $80 a year.
    • Listings with more than one scanned separate space will incur a charge of $50 for each separate space.  This charge will be custom billed once a tour is created.  We are effectively charged for each active Matterport space so this is a required charge. If we are only scanning to create a floor plan without an active Matterport space, then this charge will not be applied.
  • Tours for Marketing Purposes.  We do provide a free demo house or sample tour when you sign up.  This tour showcases your branding in our demo house tour so it can be used at listing appointments or on your website, and the tour never expires. New demo tours have an active Matterport already on the sample tour. If yours does not and you would like to add an active Matterport, please see this article on how to add it. If you do not have a sample tour, we can create one upon request.  If you would like one of your past listings to use for marketing, there is a required fee to keep the tour alive after 12 months of $19.99, or if it includes Matterport, $99.99.  Note however we reserve the right to not provide hosting for off market properties given our Matterport account limitation.  We can transfer a copy of the Matterport to your own account if you would like to keep certain Matterports active.  Note this requires you to have your own active subscription with Matterport.  The basic Matterport plan allows for up to 5 active Matterports to be active.   We can transfer Matterports for ongoing marketing purposes at no cost.  

Users may change account types (from Pay per Tour to Subscription, or vise versa).  There may be a cost in changing from a Subscription account to a Pay per Tour account.  The cost depends on how many tours were created under the Subscription account and the length of time the User has been a subscriber.  The conversion cost is a formula based on the number of tours created multiplied by the per tour cost of a base Pay per  Tour, less the cumulative amount paid for the subscription service.  Please contact customer care if you have questions on the conversion process, by calling 866-810-3816.

Users may also delete their account.  To delete an account, go to Edit Profile and select the Delete Account button.  Note all tours will be disabled if you delete your account.  We will keep a copy of your tours for a period of 6 months, in case you want to reinstate your account.

Service Fees. Pricing is based on the type of account plan a User has and the type of tour and services rendered for each tour. The floor plan services are generally based on a sliding scale based on the size of the property’s area measured, called the Measured Area of the property under roof, which may include attached garages, finished or unfinished basements, etc. This tracks with the work effort of the Service Provider and HomeDiary in developing the floor plan. The Measured Area is typically based on the internal room measurements of the property but it may also be based on the footprint of an area sketched or scanned.  We typically do not provide an estimate of the Gross Living Area unless otherwise specified on the order form or through an addon service.  We do provide a Certified Square Footage addon in certain markets where we can use a Matterport Pro camera to scan and create the floor plan.  That service is subject to specific terms of use, please refer to https://homediary.com/pro/certified/ for more information.

Gross living area is typically the total square footage of a property based on the external wall measurements, not internal wall measurements.  The Service Provider will NOT measure and draw porches, decks, guest houses, pools, and other areas of the property not under roof unless you specifically request it to be measured and drawn. In this case, these areas may increase the total Approximate Measured Area and the fee you pay since that adds to the total area measured. Please note, you may also ask the Service Provider to NOT measure and draw certain areas, at your discretion, such as the unfinished basement. Please specify your request in the Comments/Special Requests section on the order form.

A base fee applies up to the first 1000 (or in some cases 2000 or 3000) square feet and additional fees apply for each 1000 square feet thereafter, depending on the product and service type selected. Click here for the Price Calculator to estimate the base fee for your order and your area. In addition, a difficulty surcharge may apply for architecturally challenging properties. You will also be charged for other add-on products or services, as you requested on the order form.

A Second Trip Charge may be assessed if you request additional areas of the floor plan to be measured and drawn at a date after the initial field work has been completed. A Second Trip Charge may also be assessed if you request additional areas of the floor plan to be measured and drawn, and/or additional photographs taken, at a date after the initial field work has been completed. Examples (not inclusive) of when a Second Trip Charge will be assessed are as follows:

  • The property is not “show ready” for pictures and the decision has been made to delay shooting photos for that day.
  • Weather conditions, such as snow or rain, have caused you to request the Service Provider to return to the property another day. In this case, you may want to postpone the appointment. Note we do provide a Blue Sky Guarantee and can make any cloudy sides blue or partly cloudy through our photo editing process. 
  • No one is at the property at the scheduled time to let the Service Provider in to do the work for the order (if they need access).
  • Agent or property owner fails to notify the Service Provider of any changes to the appointment time.

The Second Trip Charge is currently $150 per occurrence, but please note the fee may be higher in certain areas and if additional services are required, such as done photos.

Billing typically occurs at the time a draft virtual tour link is produced or when you register for a subscription account. You may cancel an order any time up to 24 hours of any scheduled appointment time (for full service orders). If you cancel within the 24 hour period of your appointment, a cancellation fee of $75 will apply. You will be billed for the full price of the order once the Service Provider and/or HomeDiary completes their portion of the work required for the order. No refunds will be allowed once a service provider visits the property. Any questions or billing issues may be addressed by emailing us at accounting@HomeDiary.com.

PAYMENT OF CHARGES

  1. On Time Payment
    Each User who has ordered HomeDiary Services is expected to pay all charges for HomeDiary Services (Charges) on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. In that regard, any User ordering HomeDiary Services is responsible for all Charges associated with the services ordered by User, or anyone the User allows to access Users account, including the additional information, content, goods, product or services that are ordered from time-to-time at an extra cost. Credit card transactions require an acceptable and currently working credit card number. HomeDiary may terminate or disable Users account and associated virtual tours if User fails to pay any amount owed to HomeDiary when due. If the credit card expires or otherwise declines payment, access to HomeDiary and the related floor plan services can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional amount will be charged to User equal to the lower of one percent (1%) per month or the maximum allowable by law and the entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. User shall pay all costs of collection, including legal fees, incurred by HomeDiary. Each time a HomeDiary Service is used, User affirms that HomeDiary is authorized to obtain payment through the selected payment method. All fees are quoted and payable in United States dollars. Charges may include sales and similar taxes, if applicable. User is responsible for paying all applicable taxes.
  2. Payment Methods
    Users complete name, email address, billing address and telephone number must be provided to process payments from any User who has ordered HomeDiary Services. HomeDiary currently uses PayPal and its Braintree Payments platform to process credit card payments. Users’ credit card information is stored by PayPal and not by HomeDiary. PayPal is a third party vendor and HomeDiary shall not be responsible for any actions, errors or omissions of PayPal. All disclosures of information to PayPal by User are subject to PayPal Privacy Policy and HomeDiary cannot be responsible for any action/inaction by PayPal with respect thereto. HomeDiary currently accepts major credit cards including Visa, MasterCard and American Express. For corporate accounts and as previously agreed upon by HomeDiary, HomeDiary will issue invoices to User on a schedule as mutually agreed upon. Payment of such invoices will be made pursuant to the terms on such invoice, generally payable upon receipt.
  3. Account Discrepancies User may always contact HomeDiary customer service by e-mail or telephone concerning Charges or other questions regarding the status of HomeDiary Services. If User does not contact HomeDiary within ninety (90) days of receipt of a bill, such bill will be deemed accepted and User may not make any claims with respect thereto. Billing questions or issues should be directed to Customer Service Department, HomeDiary, 1012 W Eldorado Parkway, #105, Little Elm, TX 75068 by United States mail or orders@HomeDiary.com.

Obligations of Users Registered with HomeDiary
By completing the User registration with HomeDiary as a User, User agrees that:

  1. User is of legal age and otherwise capable of forming a legally binding contract and User has obtained all necessary permissions to participate in, purchase and use the HomeDiary Services;
  2. All Property Information is accurate and complete and that User will maintain and promptly update such Property Information supplied to HomeDiary to ensure accuracy at all times;
  3. User has complied, and will comply, with all legal, licensing and regulatory requirements with respect to the use by User of the HomeDiary Services;
  4. User agrees to be contacted via Email or other forms of communication by HomeDiary and/or Authorized Service Providers, if relevant, regarding HomeDiary’s services;
  5. User has secured and will maintain any required supervising broker’s authorization or property owner authorization, and payment of a fee that will be incurred by virtue of your use of the HomeDiary service;
  6. In order to produce a User-branded presentation from the HomeDiary Service (if ordered) User hereby grants HomeDiary permission to e-mail or display the Users contact information, name, agent photographs (if supplied), colors, text, logos and other elements of the look and feel of the Users web site and such other information as may be supplied by User to HomeDiary on or from HomeDiary’s web site (https://www.HomeDiary.com/pro).

TERM AND TERMINATION
Each time you order services from HomeDiary®, it forms a new agreement between you and HomeDiary® with respect to those services (Agreement). The term of each such Agreement between you and HomeDiary® shall extend from the date you order such services until the earlier of one year from that date and the date on which your floor plans have been delivered to you. HomeDiary® reserves the right to cancel the registration of any User in any HomeDiary® Service at any time due to Users breach of our Agreement or due to consumer complaints regarding the accuracy of a Users floor plans. All fees due to HomeDiary® up to the point of termination shall remain payable to HomeDiary® and any pre-paid fees received by HomeDiary® for services not delivered up to the point of termination shall be refunded

Copyright and Trade Mark Notices
All contents of the HomeDiary® web site and the HomeDiary Services are Copyright © FloorPlanOnline® LLC and/or its subsidiaries or suppliers, 1012 W Eldorado Parkway, #105, Little Elm, TX 75068, USA. All rights reserved. HomeDiary® and FloorPlanOnline® are registered trademarks of FloorPlanOnline LLC. Other product and company names may be trade or service marks of their respective owners.

Claims of Copyright Infringement.  HomeDiary respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify HomeDiary in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

If by Mail:

FloorPlanOnline LLC (dba HomeDiary)
1012 W Eldorado Pkwy, Suite #105
Little Elm, TX 75068

if by email:

Please email us at legal@homediary.com and use the subject Copyright Issues.

DISCLAIMERS AND LIMITATIONS
THE FLOOR PLANS PROVIDED BY HomeDiary ARE NOT INTENDED TO BE, NOR SHOULD THEY BE RELIED ON AS, OFFICIAL ARCHITECTURAL DRAWINGS OR SIMILAR RENDERINGS OF A FLOOR PLAN BY A LICENSED, PROFESSIONAL ARCHITECT, ENGINEER OR OTHER SIMILAR PROFESSIONAL. HomeDiary IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS CREATED OR THE RESULT OF INACCURATE MEASUREMENTS OR PLACEMENT OF DETAILS WITHIN A FLOOR PLAN RENDERING. HomeDiary RECOMMENDS THAT PERSONS INTERESTED IN THE EXACT FLOOR PLAN OF THE PROPERTY IN QUESTION CONSULT A LICENSED ARCHITECT, ENGINEER OR CHECK WITH THE LOCAL GOVERNMENT OFFICES OF THE CITY IN WHICH THE PROPERTY IS LOCATED FOR THE OFFICIAL BLUE PRINTS OR ARCHITECTURAL DRAWINGS OF THE PROPERTY.

HomeDiary intends that the information contained in this Web Site and the HomeDiary Services be reliable; however, errors sometimes occur. In addition, HomeDiary may make changes and improvements to the information provided through this web site at any time. THE WEB SITE AND THE HomeDiary SERVICES ARE PROVIDED “AS IS.” HomeDiary AND ITS SUPPLIERS AND AUTHORIZED Service Providers DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO HomeDiary SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF FLOOR PLAN ONLINE’S SERVICES AND THIS WEB SITE IS AT USERS OWN RISK. HomeDiary AND SUPPLIERS AND AUTHORIZED Service Providers ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FLOORPLANONLINE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR THE HomeDiary SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLOOR PLAN ONLINE AND/OR ITS SUPPLIERS OR AUTHORIZED SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USER. USERS SOLE REMEDIES FOR DISSATISFACTION WITH THE HomeDiary SERVICES IS TO STOP USING SUCH SERVICES AND TO MAKE A CLAIM FOR FEES ALREADY PAID TO HomeDiary WITH RESPECT TO SUCH SERVICES.

INDEMNITY
As a condition of use of the HomeDiary Service, User agrees to indemnify and hold harmless HomeDiary and its suppliers and Authorized Service Providers from and against any and all liabilities, losses, expenses and damages (including attorneys’ fees) arising out of claims resulting from Users use of the HomeDiary Services, including without limitation any claims alleging facts that if true would constitute a breach by User of these Terms of Use.

ERRORS AND DELAYS
HomeDiary is not responsible for any errors or delays in creating a computer-aided rendering of a floor plan for a property, nor is HomeDiary responsible for any errors or delays in responding to a request for a floor plan rendering caused by an incorrect e-mail address provided by User or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the HomeDiary Service, to the goods or services provided by HomeDiary, or to any acts or omissions for which User may contend HomeDiary is liable (Dispute) shall be finally, and exclusively, settled by arbitration in King County, Washington. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeDiary. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN USER AND HomeDiary WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. USERS RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Washington, excluding its conflict of laws principles. You agree that no joint venture, partnership, employment or agency relationship exists between you and HomeDiary as a result of this Agreement or use of the HomeDiary Services. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. Unless specified otherwise herein, this Agreement constitutes the entire agreement between you and HomeDiary with respect to HomeDiary Services and the use of this web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to HomeDiary.