Agreement between user and http://www.homesmiles.com
Welcome to http://www.homesmiles.com. The http://www.homesmiles.com website (the "Site") is comprised of various web pages operated by HomeSmiles, Inc. ("HomeSmiles"). http://www.homesmiles.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.homesmiles.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.homesmiles.com is a E-commerce Site
HomeSmiles ("Company") provides annual home maintenance services as more fully described herein and the Company website and attendant print media materials. Said services are comprised of the following: 1. Gutter Cleaning 2. Downspout Negative Pressure Vacate 3. Minor Tree Branch Removal 4. Water Heater Service-Flush 5. Furnace/HVAC Service-Filter Change 6. Exterior Window Washing-First Floor 7. Driveway Pressure Washing 8. Dryer Vent Cleaning 9. Smoke Alarm Test (Battery Replacement) 10. Carbon Monoxide Test (Best Replacement) 11. Oil/Lube Garage Door 12. Garage Door-Return/Pressure-Safety Test 13. Garage Door Light/Battery Test (Battery Replacement) 14. Refrigerator Coil Service/Clean 15. Range Hood Filter Clean/Service.
The scope of services defined herein shall be performed at the unilateral discretion of either the Company Field Technician or the Company. Due to the inherent distinctions of different properties and/or structures, some services may not be performed by the Company. Further, the Company reserves the right to substitute and/or delete services from the scope of services defined herein at the Company’s sole discretion and without notice to the Customer. In the event that services cannot be performed due to the nature of the property or structure, the Company shall have no obligation to substitute services and/or refund any consideration paid to the Company.
The cost for Company services as billed to the Customer are contingent upon an accurate submission of property and/or structure square footage. In the event of a discrepancy between the square footage submitted by the Customer and the actual square footage of the property/structure for which work is performed, the Company retains the right to increase the service fee to the Customer. Customer agrees that in the event that an inaccurate square footage submission is made to the Company, the Company may charge the Customer's credit card for the additional square footage (as defined and/or determined by the Company) without further approval required by the Customer.
Visiting http://www.homesmiles.com or sending emails to HomeSmiles constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HomeSmiles is not responsible for third party access to your account that results from theft or misappropriation of your account. HomeSmiles and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
HomeSmiles does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.homesmiles.com only with permission of a parent or guardian.
Links to third party sites/Third party services
http://www.homesmiles.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HomeSmiles and HomeSmiles is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HomeSmiles is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeSmiles of the site or any association with its operators.
Certain services made available via http://www.homesmiles.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.homesmiles.com domain, you hereby acknowledge and consent that HomeSmiles may share such information and data with any third party with whom HomeSmiles has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.homesmiles.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HomeSmiles or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HomeSmiles content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HomeSmiles and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HomeSmiles or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your HomeSmiles account to third party accounts. By connecting your HomeSmiles account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by HomeSmiles from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HomeSmiles Content accessed through http://www.homesmiles.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HomeSmiles, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HomeSmiles reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HomeSmiles in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMESMILES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOMESMILES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOMESMILES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HomeSmiles reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HomeSmiles as a result of this agreement or use of the Site. HomeSmiles's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HomeSmiles's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HomeSmiles with respect to such use. If any part of this agreement is 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 otherwise specified herein, this agreement constitutes the entire agreement between the user and HomeSmiles with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HomeSmiles with respect to the 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HomeSmiles reserves the right, in its sole discretion, to change the Terms under which http://www.homesmiles.com is offered. The most current version of the Terms will supersede all previous versions. HomeSmiles encourages you to periodically review the Terms to stay informed of our updates.
HomeSmiles welcomes your questions or comments regarding the Terms:
1526 Stafford St.
Redwood City, California 94063
1 (888) SMILE11
Effective as of January 15, 2017
Our vans operate seven days a week from 8:30 a.m. to 5:30 p.m. with Morning Appointments from 8:30 to 12:30 and Afternoon Appointments from 1:30 to 5:30.