TERMS AND CONDITIONS
TERMS AND CONDITIONS OF WWW.HOMEES.US.
The HOMEES website, HOMEES mobile and iPad apps are collectively the “Electronic Home Services Properties” and each individually is a “Electronic Home Services Property.” By using Electronic Home Services Property and its related services, products, and software, you agree to be bound by these Terms and Conditions (hereinafter the “Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Electronic Home Services Property. Entering WWW.HOMEES.US will also constitute your acceptance of these Terms. If you do not agree with these Terms, you should not use the Electronic Home Services Properties or enter the WWW.HOMEES.US website. This website is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting, or using WWW.HOMEES.US (hereinafter the “Website”). The terms “we,” “us,” and “our” refer to Electronic Home Services LLC, its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. It is your responsibility to review these Terms for updates or changes. As such, you should check these Terms periodically. Changes to these Terms will not apply retroactively to any orders we have already accepted unless the law so requires. If you violate any of the terms of these Terms and Conditions, you will have your access canceled and you may be permanently banned from accessing, viewing, browsing, or using the Website. Your accessing, viewing, browsing and/or using the Website after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether you reviewed those changes or not. At the bottom of this page, we will notify you of the date these Terms were last updated. OTHER TERMS AND CONDITIONS Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions, or other similar features, all of these additional terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service. We may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and we make no commitment to update the materials on the Website with respect to such products and services.
COPYRIGHT & TRADEMARKS
You acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, logos, artwork, computer code, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment, design, look and feel, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may use information on Electronic Home Services Properties (such as data sheets and similar materials) purposely made available by us for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. www.homess.us and other marks which may be designated on the Website by a “SM” or other similar designations are pending trademarks or service marks of Electronic Home Services LLC, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Electronic Home Services LLC. Our trademarks and trade dress may not be used in connection with any product or service without our express prior written consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. USE OF THE WEBSITE You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of Electronic Home Services, including any account made on our Website or App not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems, or networks connected to the Website or to us. You agree not to use any device, software, or routine to interfere, or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Apple or others. INTELLECTUAL PROPERTY INFRINGEMENT We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors, and the like (collectively, “Associates”) who supply some of the goods advertised on the Website. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Website, or items advertised on the Website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Website, or items advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Website. For us to investigate your claim of infringement, you must provide us with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
• A description of the copyrighted work or other intellectual property that you believe has been infringed.
• A description of where the material that you claim is infringing is located or identified on the Website.
• Your name, address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows: By e-mail: homes.llc@gmail.com LINKS We are not responsible for the content of any websites that may be linked to or from the Website or any bulletin board associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party. WEBSITE ACCESS You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen- scraping, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Electronic Home Services or its Associates without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
YOUR ACCOUNT Account Registration Requirements
To create an account, you will need to add your full name, email address and phone number. By creating an account, you certify that: a. You are 18 years of age or older; b. Any information provided to us, both when you open the account to request a service or in the future, is true and accurate and current and complete; c. You will keep all information up-to-date; d. You will create a unique password for your account and will not allow others to have access to it; e. You will keep your login information confidential and will not share it with others. We reserve the right in our sole and absolute discretion to make changes to how our services are operated and provide services to you, including adding new features, new services, modifying existing features, services, or suspending, discontinuing, or terminating your access to any or all portions of the Website or App. If you use the Website, you are solely responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts, and to remove or edit content submitted by you in the “My Account” area of the Website. CHARGEBACK POLICY You agree and understand that you are responsive to pay for a service requested and to honor the charges upon services received. If you request a charge back from your credit/debit card or other payment method used, you shall be responsible to pay our expenses incurred in collecting such debt from you including without limitation attorney’s fees and court costs. EXPORT The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations. DISCLAIMERS AND LIMITATIONS OF LIABILITY WE DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY Electronic Home Services LLC PROPERTY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. Neither we nor our Associates warrant the accuracy, integrity, or completeness of the Content provided on the Website, or the products or services offered for sale on the Website. Further, we make no representation that Content provided on the Website is applicable or appropriate for use in locations outside of the United States. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. Under no circumstances shall we or our Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including, but not limited to, contract, negligence, or other tortious action, or an action in equity, even if an authorized representative of has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Website. We take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Website, however, for more details, please refer to the manufacturer. The products on our website are intended for personal use only, and not for commercial or business use unless explicitly and unequivocally indicated. As such, you assume any and all risks associated with a product or service when purchasing products for a commercial or business use or application. MANUFACTURER WARRANTY DISCLAIMER Please consult the Terms and Conditions of your device’s manufacturer before acquiring our services. Some manufacturers, such as Apple Inc., may have Terms and Conditions indicating that your device’s
warranty will extinguish once an unauthorized repair center repairs or restores your device. Electronic Home Services will not be responsible for the termination or expiration of any warranties provided by original manufactures, including but not limited to Apple Inc., and Samsung Electronics Co., Ltd. ONLINE CONDUCT You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Website. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Electronic Home Services or its Associates, our users, customers, and/or you. We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Website, Website users, our customers, or any rights of or any third party. Notwithstanding the foregoing, neither we nor our Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither we nor our Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Website. YOUR USER CONTENT POSTED ON THE WEBSITE For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Website, you agree to grant (i) us and our respective contractors and business partners a non- exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Website, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity. YOUR CONSENT FOR NOTICES WE SEND YOU You agree that we have the right to send you certain information in connection with the Website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Website or with any subdivisions of the Website, etc. You may have the right to withdraw this consent under applicable law, however, use of the Website may require an electronic method of communication with you. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. TERMINATION OF USAGE We may terminate your access or suspend your right to access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend, or discontinue all or any aspects of any Electronic Home Services Property at any time without prior notice. USAGE BY MINORS This Website is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting, or using the Website, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Website, purchasing products from us, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items.
APPLICABLE LAW
If you access the Website from anywhere whether in the United States or elsewhere, you agree that the laws of the State of Florida, USA, shall apply without regard to principles of conflict of laws, and will govern these Terms and Conditions and any dispute of any sort that might arise between you and Electronic Home Services and/or our Associates. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue. If any portion of these Terms are declared invalid, then only that portion shall be invalid, and all other provisions shall apply. DISPUTES Any dispute relating in any way to your visit to the Website, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Website shall be submitted to confidential arbitration in the State of Florida, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. WAIVER OF JURY TRIAL YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. PRIVACY AND SECURITY We created the following Privacy and Security Policy to let you know what information we collect, why we collect it, and to whom it may be disclosed. To the extent, there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern. This Privacy and Security Policy applies to all Electronic Home Services Properties. This Privacy and Security Policy also addresses our data security practices and the options available to you in order to access and control personally identifiable and non-personally identifiable information. Our Terms and Conditions govern this Privacy and Security Policy. We may periodically make changes to this Privacy and Security Policy. It is your responsibility to review this Privacy and Security Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.
This Privacy and Security Policy supersedes any and all previous versions. Entering the Websites constitutes your acceptance and agreement to all terms contained in this Privacy and Security Policy. If you do not agree with the terms set forth in this Privacy and Security Policy, please do not enter the Website or use any Electronic Home Services Property. INFORMATION WE COLLECT Personal Information The term “personal information” means information that you voluntarily provide to us and which personally identifies you, such as your name, phone number, physical address, and any other data or information that would allow someone to personally identify you. To make a purchase, we require you to supply us with personally identifiable information. The purchase information will be gathered, and a history of your purchases will be created, enabling us to provide you with the recurring orders. If you supply us with personal information, you may later access, update, and modify any inaccuracies. Please note, we keep a copy of the previous personal information for our records. If you would like to review or change your personal information, you may do so at any time by accessing your account through the “My Account” portion of this Website. You may also choose not to provide personal information at the point of collection; however, you will not be able to purchase products. In some areas of the Website, you may have the ability to post or publish personal information. We and our affiliates and associates shall not be liable for any damages or misuses of the personal information you post or publish on the Website. As such, you should take care to avoid posting or publishing personal information. Non-Personal Information We collect non-personal information to operate, develop and improve Electronic Home Services Properties, their functionality and our products, services, and performance. The collection of non-personal information is done to provide you with personalized recommendations for products advertised on or sold through the Website. Non-personal information is collected in the aggregate to, among other things, determine the total number of users of the Websites, prepare utilization reports, diagnose, and correct compatibility problems or other problems with the Websites and perform statistical analyses to enable us to build a higher quality, more useful online service. Additionally, we collect non-personal information to perform statistical analyses of user behavior and characteristics to measure interest in and use of the various aspects of the Websites. By supplementing our records, this information helps us learn things like user preferences, popular search categories, click-through rates, what kinds of offers users like to
see and in general, how to improve the functionality and relevancy of Electronic Home Services Properties. DISCLOSURE OF INFORMATION Personal and Non-Personal Information We do not sell or rent personal or non-personal information to third parties. We may disclose personal and non-personal information to our staff and to third parties involved in the completion of your transaction, the delivery of your order, analytics to support your use of the Website and those staff members or third parties processing your personal information for us. It may be necessary to disclose such information to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us or (2) to protect and defend our property or other rights, the users of Electronic Home Services Properties, or the public. We may disclose personal and non-personal information with other companies and organizations for fraud and credit risk purposes. We shall make all reasonable efforts to make you aware of the disclosure of your personal and non-personal information contrary to the terms set forth in this Privacy and Security Policy, as soon as and if we discover a security breach, or any other similar unauthorized disclosure. THIRD PARTY ADVERTISING We may engage third party advertising companies to advertise products or services to you online. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. They may also use this technology to serve specialized or relevant advertising content and/or recommendations to you on the Website or on a third party’s website. Any information that these third parties collect via cookies and action tags is completely anonymous and does not contain any personal information. If you would like more information about this practice and your choices, including how to opt-out, please advise us in writing or via email. If you would like to opt out of the cookies we use for interest-based advertising purposes, please advise us in writing or via email. PROTECTION OF INFORMATION WE COLLECT We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security, and integrity of data stored on our system.
While no computer system is completely secure, we believe the measures implemented by our websites reduce the likelihood of security problems to a level appropriate to the type of data involved. We employ physical, electronic, and procedural safeguards in connection with the collection, storage and disclosure of any personally identifiable information. LENGTH OF TIME WE KEEP INFORMATION We generally keep user data on our server or in our archives for as long as we reasonably need it (for instance, to create historical data, for taxation or insurance purposes, or in case orders may give rise to claims). We may alter this practice according to changing requirements. For example, we may delete some data, if needed, to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely. THIRD PARTY WEBSITES The Website may contain links to third party websites. We are not responsible for the privacy practices or the content of such websites even if you access those using links from our website. Your use of these third-party websites is entirely at your own risk and we recommend that you check the privacy and security policy of each website you visit. Clicking on a third-party link will essentially take you to a third party’s website. We make no representation or warranty as to the effectiveness, quality, legitimacy, or data protections of any third-party website. EMAIL COMMUNICATIONS From time to time, we may send non-commercial electronic mail messages to your email account. In addition, we regularly send email order confirmations and email order updates to you after you have submitted an order. If you have a privacy question about any Electronic Home Services Property, or about the Privacy and Security Policy, please contact us at: homes.llc@gmail.com CUSTOMER’S RESPONSIBILITY It is your responsibility to conduct a backup of all existing data, software, and programs, that you want to preserve from your device(s). Electronic Home Services is not responsible for the loss, recovery, or compromise of data, software, or programs arising out of the services provided by Electronic Home Services. You represent that you product does not contain any illegal files or data.
It is your responsibility to disclose to Electronic Home Services of any prior modifications, repair, or replacement of your device(s). Electronic Home Services will not be responsible for any damage to the device(s) during the repair process that is a result of any prior modification, repairs, or replacements done by third-parties. SHIPPING POLICY The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we will work hard to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order that conditions permit. In these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. Orders generally ship within 1-3 business days and should arrive within 5-10 business days. www.homees.us’s Retail Services are closed on 4th of July, Thanksgiving, December 25th, and January 1st, in observance of the holidays. Orders placed during holiday will be shipped on the next business day. It will be our option to choose what method of delivery is best for your particular order. We may use a third-party delivery service, for which we cannot guarantee, but can only predict a delivery time. We will make our best effort to predict time of delivery, but delivery times are merely an estimate. Delivery dates and times may vary from time to time. You will receive a shipping confirmation email upon our confirmation of delivery date and time. Customers cannot specify the carrier of their choice. Delivery and delivery times are subject to the individual carrier. We cannot guarantee and takes no responsibility for individual carrier shipping. RETURN AND EXCHANGE POLICY You must return items in new or unused condition with all original materials included with the shipment. We must receive your returned items at our processing facility within 7 days of delivery. We inspect all returned items and will exchange the product and deliver it upon receipt of return product. If the return item is a result of defective product, we will exchange the product. ORDER AND PAYMENT PROCEDURE After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a service and/or product. All orders are subject to
acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the date and time of the appointment for the service and or delivery of your order (the “Delivery Confirmation”). A twenty ($20) dollar fee applies and shall be charged at the time of submission through the Website and/or app for the request of an appointment for service. This twenty-dollar fee is not refundable unless appointment is cancelled 24 hours prior to the appointment date and time. The remainder of the fee for the service and or product will be due and payable once the service has been completed. We shall not be responsible for safekeeping the credit card and personal information disclosed during the payment process. Amazon and Stripe are solely responsible for maintaining your personal information and credit card information safe and we do not guarantee nor oversee their storage of such information. A contract with us will only be formed when we send you the Delivery/Service/Appointment Confirmation. The contract will relate only to the services and those products whose delivery we have confirmed in the Delivery/Service/Appointment Confirmation. We will not be obliged to supply any other service or products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory. By placing an order, you authorize us to charge your credit or debit card for the amount listed on the order subject to shipping terms. Only credit or debit cards will be accepted as methods of payment. Further, you are specifically authorizing continual and recurring charges to your credit card or debit card based ON YOUR PREVIOUS ORDER HISTORY. By placing your order, you acknowledge and specifically grant to us the authority to continually charge your credit or debit card based on recurring orders as determined by your previous order history. We may charge your credit card upon confirmation of shipping information and delivery and or service time. The times and frequency of the charges may vary depending on changes in your order history. HISTORICAL ORDERS, PRICES AND AVAILABILITY OF PRODUCTS We will create a historical continual history of your purchase orders and create an order history enabling us to provide a continual and recurring automatic order for you each and every order. Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered. Our Website contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipment/Service/Appointment Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted. Where the product and or service is no longer available, you agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipment/Service/Appointment Confirmation from us, but the product and or service is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product or provide the service you ordered due to unavailability. NOTICE TO WEBSITE USERS ON COLLECTION OF TAX AND USER WAIVER OF DAMAGES OWING TO ERROR IN CALCULATION OF TAX In states where we have no physical presence, we are not required to collect and remit sales tax for Website purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Website. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of allowing you access to and use of the Website, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Electronic Home Services, its officers, directors, employees, agents, and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases. RISK OF LOSS We shall not be responsible for the loss, due to actions outside of our control, of full items temporarily in our possession pursuant to a contract for services. Disclaimers of Warranty, and Limitations of Liability We warrant to you that for one year after you buy a product as a consumer or a service, any product purchased from us through our website will be replaced in the event of lack of functionality. Specifically, we will replace the defective part with a replacement part of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample. Specifically, the parts used will be generic or original parts removed from other devices. We will be entitled to keep the damaged parts removed from any devices during the services performed.
Further, we shall warrant our services and parts for one year. However, this one-year warranty shall not apply to repairs done on devices that have suffered damages while in the care of the customer from the following sources: water, falls, pressure, and high temperatures. The one-year warranty shall be honored only if the services provided are requested through the Website and performed by an authorized technician who performed services during company hours. The one-year warranty shall not be applicable if the device was damaged as a result of the customer’s attempt to repair or alter the device with third parties not associated with us. We are not responsible and will not honor any warranties or agreements made by the technician and customer without our knowledge and express prior written approval. We will register the IMEI and serial numbers of all devices repaired and serviced by us with the purpose of maintaining the integrity and guaranty of the services performed. We shall place, after completion of the service on the device, a seal with the company logo on each device. The one-year warranty shall not be honored if the seal is damaged or removed. PLEASE BE AWARE, using our service repair may void your warranty with the original manufacturer, we use premium quality generics parts only. Our liability for losses any customer suffers as a result of us breaking these Terms or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product and or service you purchased and any losses which are a foreseeable consequence of us breaking the Terms. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us. We are not responsible for losses which happen as a side effect of the main loss or damage or as a result of the services performed and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of data within the device; or (d) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise. This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987; (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence; or (d) for fraudulent misrepresentation. Except as stated herein, we specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty other than the warranty for one year described above. NO CHANGES TO THE AGREEMENT No Electronic Home Services’ employee, independent contractor, or agent has the authority to change the terms and conditions governing any transaction. WAIVERS Electronic Home Services’ failure to enforce strict performance of this Terms and Conditions shall not be construed as a waiver by Electronic Home Services of any provision or any right it has to enforce
these terms, nor shall any course of conduct between Electronic Home Services and your or any other party be deemed to modify any provision of these terms. UNENFORCEABLE TERMS If any of these terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, it will not affect the remaining provisions of these Terms and Conditions. PARTS AND LABOR Electronic Home Services may provide both parts and labor. In performing repairs to your device(s), Electronic Home Services LLC may use parts or products that are comprised of new and/or previously used parts. Electronic Home Services will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Electronic Home Services may use products or replacement parts that ate source from a country different from the country from which the original parts were sourced. END USERS ONLY Electronic Home Services services and sells products to end user customers only. You may not purchase for resale. Electronic Home Services reserves the right to refuse or cancel your order if Electronic Home Services suspects you are purchasing for resale. CANCELLATION By accepting these Terms and Conditions, you provide express consent that Electronic Home Services initiates service and you acknowledge you may not cancel the service order or may not exercise the right of withdrawal from the contract once the service has been performed.