User Agreement
Yourhomey.com User Agreement / Terms of Use Policy
Last updated: January 13, 2018.
This User Agreement ("Agreement") is a contract between you and Yourhomey.com, (“Yourhomey”) (“Yourhomey.com”), and applies to your use of the Yourhomey.com platform and services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. In addition, you must read, agree with and accept all of the terms and conditions contained in Yourhomey’s other agreements including but not limited to its Privacy Policy and Acceptable Use Policy, all available at http://www.Yourhomey.com.
Yourhomey may amend this Agreement or any other agreements or policies at any time by posting a revised version at http://www.Yourhomey.com. The revised version will be effective at the time posted. In addition, if the revised version includes a substantial change, Yourhomey will provide you with 30 days prior notice of any substantial change by posting notice of such change at http://www.Yourhomey.com.
This is an important document and you must consider it carefully when choosing whether to use the Yourhomey.com platform or services. This Agreement also highlights certain risks of using the Yourhomey.com platform or services.
Yourhomey.com may close, suspend, or limit your access to the Yourhomey.com platform or services if you violate this Agreement, the Yourhomey.com Acceptable Use Policy, or any other agreement you enter into with Yourhomey.com or PayPal.
1. Yourhomey.com is an online platform that allows Users to:
a. Create and maintain a personal page with personal content, that includes a personal background image, personal audio recordings, video recordings, and multiple links of the user’s choosing. Users will voluntarily submit this information to Yourhomey.com upon completion of the registration process. The User’s homepage will be publicly accessible and searchable to the User and others. The User’s page, (including all information contained on and potentially discerned via viewing the User’s page), will be publicly visible to all other Users if they have access to the User’s specific page link address.
b. Contact Yourhomey.com by sending an email to ContactYourHomey@gmail.com.
c. Users can make changes to their page or delete their page and/or content by contacting Yourhomey.com.
d. Users can have conversations via phone or text with other User's.
e. Users can locate other Users via the Yourhomey.com platform, via website search, via the operator, or other means.
2. Yourhomey.com uses an Amazon.com affiliate link. Yourhomey.com is an independent contractor for all purposes. Yourhomey.com places an amazon.com affiliate link on the homepage of all Users who request amazon.com as a link on their personal homepage.
Amazon.com acts as your agent with respect to any transactions conducted on the amazon.com platform. Yourhomey.com does not guarantee the identity of any User. Yourhomey.com is not responsible for the calculation or collection of sales tax. Yourhomey.com is not responsible for the creation or distribution of payment receipts or invoices. Yourhomey.com is not responsible for providing any goods or services, except that as stated in this User Agreement. Yourhomey.com does not charge payment or offer refunds.
3. Your Privacy. Protecting your privacy is very important to Yourhomey.com. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
4. Privacy of Others. If you receive Information about another User through the Yourhomey.com platform, you must keep the Information confidential. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's expressed consent to do so.
5. Intellectual Property. All right to, title to, and interest in the Yourhomey.com website, any content thereon, the Yourhomey.com Services, the technology related to the Yourhomey.com Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Yourhomey.com. The Yourhomey.com Services cannot be copied or imitated without Yourhomey’s prior written consent. "Yourhomey.com," "Yourhomey," and all logos related to the Yourhomey.com Services, including the word "Yourhomey" are either trademarks or registered trademarks. You may not copy, imitate or use them without Yourhomey’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Yourhomey.com. You may not copy, imitate, or use them without Yourhomey’s prior written consent. Any and all content submitted voluntarily to Yourhomey.com, including audio and video recordings, will be the sole property of Yourhomey.com, and the submitter or that content relinquishes all ownership and rights to that content.
6. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Yourhomey’s prior written consent. Yourhomey.com reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
7. Notices to You. You agree that Yourhomey.com may provide notice to you by posting it on our website or emailing it to the email address you provide. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail to the address you provide, Yourhomey.com will consider it to have been received by you three Business Days after it is sent. You may terminate your consent to receive required disclosures through electronic communications by contacting Yourhomey.com. Yourhomey.com reserves the right to close your Account and delete your User homepage if you withdraw your consent to receive electronic communications. Types of notices emailed to you include, but are not limited to: feedback provided to you by Users.
8. Notices to Yourhomey.com. Notice to Yourhomey.com must be sent by email to [email protected].
9. User’s Homepage. Your public Yourhomey.com homepage can and will display to all Users all of the information you provide to Yourhomey.com during the sign up and application process. This information includes, but is not limited to: links, background photo, additional links, additional photos, additional videos, etc. You have the right to view, amend, and delete any or all of the above information on your homepage. You may do this by sending a notice to Yourhomey.com as described in this User Agreement. Yourhomey.com will review the information that you provide during the sign up and application process. Yourhomey.com reserves the right to include on or omit from your homepage any or all of the information that you provide. Yourhomey.com reserves the right to delete your homepage at any time for any reason, without notice.
10. Verification. Yourhomey.com does not verify, or make any attempt to validate, the identity or accuracy/truthfulness of credentials of any User. Any information found on any User homepage, or any information received through conversation with any user may potentially be inaccurate, misleading, or false. Yourhomey.com has no way to ensure that your and other Users conversations are confidential, helpful, compassionate, and non-judgemental, and will make no effort to guarantee or verify this.
11. Responsibility/Liability. Yourhomey.com makes no claims about, nor accepts any responsibility or liability for potential benefits, risks, or harm caused to Users as a result of use of the Yourhomey.com platform, or as a result of any conversation or advice received from any other Users.
12. Service Interruption. If there is an interruption in the Yourhomey.com website function or service, Yourhomey.com will attempt to contact its website hosting service to correct the problem. Otherwise, Yourhomey.com will make to attempt or effort to further correct the problem. It is your sole responsibility as the User to agree to this.
13. Cancellation. Users may cancel their use of the Yourhomey.com platform or service at any time by sending a notification to [email protected].
14. Calls to You; Mobile Telephone Numbers. By providing Yourhomey.com a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Yourhomey.com or any User of the Yourhomey.com service at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and on your profile page.
15. Eligibility. To be eligible for the Yourhomey.com Services, you must be at least 18 years old.
16. Identity Authentication. You authorize Yourhomey.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or other items, or verifying your Information against third party databases or through other sources.
17. Accuracy of Information. You are responsible for confirming the accuracy of the information you provide or receive, in regard to your homepage, to each payment made or received, and to the full copyright of all photos and images submitted by you the User.
18. Mobile and Internet. Your phone or internet service provider is not the provider of the Yourhomey.com Services, and accordingly you are responsible for any fees that your phone or internet service provider charges, such as fees for SMS, data services, or any other fees.
19. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Yourhomey.com is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
20. How to Close Your Account. You may close your Account at any time by notifying Yourhomey.com at [email protected].
21. Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, you will remain liable for all obligations related to your Account even after the Account is closed.
22. Fees. Yourhomey.com does not charge Users any fees to maintain a homepage.
23. Restricted Activities. In connection with your use of the Yourhomey.com website, your Account, or the Yourhomey.com platform or Services, or in the course of your interactions with Yourhomey.com, other Users, or third parties, you will not:
24. Your Liability - Actions We May Take. You are responsible for all Reversals, Claims, fees, fines, penalties and other liability incurred by Yourhomey.com, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Yourhomey.com Services. You agree to reimburse Yourhomey.com, a User, or a third party for any and all such liability.
25. Liability for Yourhomey.com Claims. If you lose a Claim filed directly with Yourhomey.com, you will be required to reimburse Yourhomey.com for your liability as determined by Yourhomey.com. You will not receive a refund on your Yourhomey.com fees.
26. Liability for claims filed directly with PayPal. If you file a claim directly with Yourhomey’s payment platform provider PayPal, you are required to comply with their resolution processes. See PayPal policies for more information.
27. Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Yourhomey.com, Yourhomey.com may immediately charge you for such amounts. Yourhomey.com reserves its right to engage in collection efforts to recover any such unpaid amounts from you.
28. Actions by Yourhomey.com. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Yourhomey.com, PayPal, other Users, other third parties, or you from Reversals, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
29. Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of the Yourhomey.com Services for any reason, we may provide you with notice of our actions. If we limit access to your Account, we may provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
30. Notification Requirements. You should immediately notify Yourhomey.com if you
believe there has been an unauthorized transaction or unauthorized access to your Account, or if there is an error in your Account. You should regularly review your Account Profile to ensure that there has not been an unauthorized transaction or other errors.
31. Disputes with Yourhomey.com. Contact Yourhomey.com first. If a dispute arises between you and Yourhomey.com, our goal is to learn about, address and resolve it and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving the dispute quickly.
32. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
33. Law and Forum for Disputes. Except as otherwise agreed by the parties or as described above, you agree that any claim or dispute you may have against Yourhomey.com must be resolved by a court located in the state of California. You agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
34. Improperly Filed Litigation. All claims you bring against Yourhomey.com must be resolved in accordance with this Agreement. All claims filed or brought contrary to this agreement shall be considered improperly filed in breach of this Agreement. Should you file a claim contrary to this agreement, Yourhomey.com may recover attorneys' fees and costs (including in-house attorneys and paralegals), provided that Yourhomey.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw and revise such claim.
35. Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Yourhomey.com will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
36. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
37. Indemnification.You agree to defend, indemnify and hold Yourhomey.com, its affiliates including but not limited to parent, subsidiaries, employees, officers, directors, contractors, suppliers and payment platform providers harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Yourhomey.com Services.
38. Assumption of Rights. If Yourhomey.com pays out a Claim or Reversal that you file against a recipient of your payment, you agree that Yourhomey.com assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, solely in Yourhomey.com’s discretion.
39. Release of Yourhomey.com. If you have a dispute with one or more Users, you release Yourhomey.com (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
40. Limitations of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE YOURHOMEY.COM SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
41. No Warranty. YOURHOMEY.COM, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS PROVIDE THE YOURHOMEY.COM SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOURHOMEY.COM, ITS AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Yourhomey.com does not have any control over the services, if any, that are paid for with the Yourhomey.com Services and Yourhomey.com cannot ensure that a party to the transaction you are dealing with will actually complete the transaction or is authorized to do so. Yourhomey.com does not guarantee continuous, uninterrupted or secure access to any part of the Yourhomey.com Services, and operation of our site may be interfered with by numerous factors outside of our control. Yourhomey.com makes no representations or warranties regarding the amount of time needed to complete payment processing because the Yourhomey.com Services are dependent upon many factors outside of our control, such as actions by its payment platform provider PayPal and delays in the banking system or internet services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
42. Your Contracts. It is your responsibility to make sure that your use of the Yourhomey.com Services is in full compliance with all personal and professional contracts that you may be under, including but not limited to employment contracts. Yourhomey.com is not responsible and will not be liable for any damages incurred by use of the Yourhomey.com Services including but not limited to: employment termination, lost profits, or any special, incidental or consequential damages.
43. License Grant. Yourhomey.com grants you the right to use the Yourhomey.com Services only for your personal use and in accordance with the terms of use stated in this Agreement and in any other agreements or policies Yourhomey.com posts from time to time at Yourhomey.com. You may not copy any part of the Yourhomey.com website or Yourhomey.com Services. You may not modify any part of the Yourhomey.com website or Yourhomey.com Services. You may not sell, license, publish or commercialize any part of the Yourhomey.com website or Yourhomey.com Services, including any information or other material including software associated with the Yourhomey.com website or Yourhomey.com Services. You may not transfer any rights relating to your use of the Yourhomey.com Services. You may not rent or lease any part of the Yourhomey.com Services. You may not use the Yourhomey.com Services in any manner that could impair in any way the Yourhomey.com website or interfere with any party’s use or enjoyment of any Yourhomey.com Services. You must use the Yourhomey.com Services in compliance with all applicable laws and regulations. Your right to use the Yourhomey.com Services immediately will terminate if you violate any provision of this Agreement or any other related agreement or policy posted at Yourhomey.com. You use the Yourhomey.co Services at your own risk, and you are solely responsible for any damages to your mobile or other device(s), loss of data or any other damages that result from the use of the Yourhomey.com Services. Yourhomey.com expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Yourhomey.com Services. You will indemnify and hold harmless Yourhomey.com and its affiliates, including but not limited to parent, subsidiaries, employees, officers, directors, contractors and payment platform provider PayPal from any claim made by any third party arising in connection with a violation of this License Agreement, for which you are responsible. Yourhomey.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. Yourhomey.com owns, or is the licensee to, all right, title and interest in and to the Yourhomey.com website and the Yourhomey.com Services, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Yourhomey.com website or the Yourhomey.com Services and you will not remove, obscure or alter Yourhomey’s copyright or patent notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Yourhomey.com website or the Yourhomey.com Services. Unless otherwise regulated in this License Agreement, Yourhomey.com is not liable to you for any harm resulting from any use or misuse of the Yourhomey.com Services. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if Yourhomey.com has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of or reliance on the Yourhomey.com Services, from inability to use the Yourhomey.com Services, or from the interruption, suspension, or termination of the Yourhomey.com Services (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
44. Complete Agreement. This Agreement, along with any applicable policies and agreements on the Yourhomey.com website, sets forth the entire understanding between you and Yourhomey.com with respect to the Yourhomey.com Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
45. Translated Agreement. Yourhomey.com may provide you with the ability to translate this Agreement to a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
46. Definitions.
"Account" or "Profile" means use of the Yourhomey.com website or service in any way, including but not limited to: the creation of a profile page.
"Agreement" means this agreement including all subsequent amendments and updates as may be posted from time to time at Yourhomey.com.
"Business Days" means Monday through Friday.
"Customer Service" is Yourhomey’s customer support which can be accessed by sending an email to [email protected].
"Days" means calendar days.
"Dispute" means a dispute filed by a User directly with Yourhomey.com.
"Fees" means those amounts stated above.
"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, mailing address, phone number or other information.
"Payment Review" means the process described in this Agreement.
"Policy" or "Policies" means any Policy or other agreement between you and Yourhomey.com that you entered into on the Yourhomey.com website, or in connection with your use of the Yourhomey.com Services.
"Restricted Activities" means those activities described as restricted in this Agreement.
"Reversal" means the reversal of a Yourhomey.com payment you received because (a) it is invalidated by Yourhomey’s Payment Platform Provider PayPal, (b) the sender of the payment did not have authorization to send the payment (for example: the sender used a mobile phone that he/she did not own to make a payment using the mobile phone owner’s Yourhomey.com account without authorization), (c) you received the payment for activities that violated this Agreement, the Yourhomey.com Acceptable Use Policy, or any other Yourhomey.com agreement or policy, or (e) Yourhomey.com decided a Claim against you.
"Send Money" means your ability to send money though the Yourhomey.com Services.
"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"User" means any person or entity using the Yourhomey.com website or Services including you.
"Yourhomey.com," “Yourhomey,” "we," "us" or "our" means Yourhomey.com, and its affiliates including but not limited to parent and subsidiaries.
"Yourhomey.com Services" means any and all products and services and any other features, technologies and/or functionalities Yourhomey.com provides in connection with its facilitation of the payment of tips, gratuities and other similar payments.
Last updated: January 13, 2018.
This User Agreement ("Agreement") is a contract between you and Yourhomey.com, (“Yourhomey”) (“Yourhomey.com”), and applies to your use of the Yourhomey.com platform and services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. In addition, you must read, agree with and accept all of the terms and conditions contained in Yourhomey’s other agreements including but not limited to its Privacy Policy and Acceptable Use Policy, all available at http://www.Yourhomey.com.
Yourhomey may amend this Agreement or any other agreements or policies at any time by posting a revised version at http://www.Yourhomey.com. The revised version will be effective at the time posted. In addition, if the revised version includes a substantial change, Yourhomey will provide you with 30 days prior notice of any substantial change by posting notice of such change at http://www.Yourhomey.com.
This is an important document and you must consider it carefully when choosing whether to use the Yourhomey.com platform or services. This Agreement also highlights certain risks of using the Yourhomey.com platform or services.
Yourhomey.com may close, suspend, or limit your access to the Yourhomey.com platform or services if you violate this Agreement, the Yourhomey.com Acceptable Use Policy, or any other agreement you enter into with Yourhomey.com or PayPal.
1. Yourhomey.com is an online platform that allows Users to:
a. Create and maintain a personal page with personal content, that includes a personal background image, personal audio recordings, video recordings, and multiple links of the user’s choosing. Users will voluntarily submit this information to Yourhomey.com upon completion of the registration process. The User’s homepage will be publicly accessible and searchable to the User and others. The User’s page, (including all information contained on and potentially discerned via viewing the User’s page), will be publicly visible to all other Users if they have access to the User’s specific page link address.
b. Contact Yourhomey.com by sending an email to ContactYourHomey@gmail.com.
c. Users can make changes to their page or delete their page and/or content by contacting Yourhomey.com.
d. Users can have conversations via phone or text with other User's.
e. Users can locate other Users via the Yourhomey.com platform, via website search, via the operator, or other means.
2. Yourhomey.com uses an Amazon.com affiliate link. Yourhomey.com is an independent contractor for all purposes. Yourhomey.com places an amazon.com affiliate link on the homepage of all Users who request amazon.com as a link on their personal homepage.
Amazon.com acts as your agent with respect to any transactions conducted on the amazon.com platform. Yourhomey.com does not guarantee the identity of any User. Yourhomey.com is not responsible for the calculation or collection of sales tax. Yourhomey.com is not responsible for the creation or distribution of payment receipts or invoices. Yourhomey.com is not responsible for providing any goods or services, except that as stated in this User Agreement. Yourhomey.com does not charge payment or offer refunds.
3. Your Privacy. Protecting your privacy is very important to Yourhomey.com. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
4. Privacy of Others. If you receive Information about another User through the Yourhomey.com platform, you must keep the Information confidential. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's expressed consent to do so.
5. Intellectual Property. All right to, title to, and interest in the Yourhomey.com website, any content thereon, the Yourhomey.com Services, the technology related to the Yourhomey.com Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Yourhomey.com. The Yourhomey.com Services cannot be copied or imitated without Yourhomey’s prior written consent. "Yourhomey.com," "Yourhomey," and all logos related to the Yourhomey.com Services, including the word "Yourhomey" are either trademarks or registered trademarks. You may not copy, imitate or use them without Yourhomey’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Yourhomey.com. You may not copy, imitate, or use them without Yourhomey’s prior written consent. Any and all content submitted voluntarily to Yourhomey.com, including audio and video recordings, will be the sole property of Yourhomey.com, and the submitter or that content relinquishes all ownership and rights to that content.
6. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Yourhomey’s prior written consent. Yourhomey.com reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
7. Notices to You. You agree that Yourhomey.com may provide notice to you by posting it on our website or emailing it to the email address you provide. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail to the address you provide, Yourhomey.com will consider it to have been received by you three Business Days after it is sent. You may terminate your consent to receive required disclosures through electronic communications by contacting Yourhomey.com. Yourhomey.com reserves the right to close your Account and delete your User homepage if you withdraw your consent to receive electronic communications. Types of notices emailed to you include, but are not limited to: feedback provided to you by Users.
8. Notices to Yourhomey.com. Notice to Yourhomey.com must be sent by email to [email protected].
9. User’s Homepage. Your public Yourhomey.com homepage can and will display to all Users all of the information you provide to Yourhomey.com during the sign up and application process. This information includes, but is not limited to: links, background photo, additional links, additional photos, additional videos, etc. You have the right to view, amend, and delete any or all of the above information on your homepage. You may do this by sending a notice to Yourhomey.com as described in this User Agreement. Yourhomey.com will review the information that you provide during the sign up and application process. Yourhomey.com reserves the right to include on or omit from your homepage any or all of the information that you provide. Yourhomey.com reserves the right to delete your homepage at any time for any reason, without notice.
10. Verification. Yourhomey.com does not verify, or make any attempt to validate, the identity or accuracy/truthfulness of credentials of any User. Any information found on any User homepage, or any information received through conversation with any user may potentially be inaccurate, misleading, or false. Yourhomey.com has no way to ensure that your and other Users conversations are confidential, helpful, compassionate, and non-judgemental, and will make no effort to guarantee or verify this.
11. Responsibility/Liability. Yourhomey.com makes no claims about, nor accepts any responsibility or liability for potential benefits, risks, or harm caused to Users as a result of use of the Yourhomey.com platform, or as a result of any conversation or advice received from any other Users.
12. Service Interruption. If there is an interruption in the Yourhomey.com website function or service, Yourhomey.com will attempt to contact its website hosting service to correct the problem. Otherwise, Yourhomey.com will make to attempt or effort to further correct the problem. It is your sole responsibility as the User to agree to this.
13. Cancellation. Users may cancel their use of the Yourhomey.com platform or service at any time by sending a notification to [email protected].
14. Calls to You; Mobile Telephone Numbers. By providing Yourhomey.com a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Yourhomey.com or any User of the Yourhomey.com service at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and on your profile page.
15. Eligibility. To be eligible for the Yourhomey.com Services, you must be at least 18 years old.
16. Identity Authentication. You authorize Yourhomey.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or other items, or verifying your Information against third party databases or through other sources.
17. Accuracy of Information. You are responsible for confirming the accuracy of the information you provide or receive, in regard to your homepage, to each payment made or received, and to the full copyright of all photos and images submitted by you the User.
18. Mobile and Internet. Your phone or internet service provider is not the provider of the Yourhomey.com Services, and accordingly you are responsible for any fees that your phone or internet service provider charges, such as fees for SMS, data services, or any other fees.
19. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Yourhomey.com is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
20. How to Close Your Account. You may close your Account at any time by notifying Yourhomey.com at [email protected].
21. Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, you will remain liable for all obligations related to your Account even after the Account is closed.
22. Fees. Yourhomey.com does not charge Users any fees to maintain a homepage.
23. Restricted Activities. In connection with your use of the Yourhomey.com website, your Account, or the Yourhomey.com platform or Services, or in the course of your interactions with Yourhomey.com, other Users, or third parties, you will not:
- Breach this Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with Yourhomey.com;
- Violate any law, statute, ordinance, or regulation or infringe Yourhomey’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or confirmation of any Information you provide to us;
- Use an anonymizing proxy;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
- Conduct your business or use the Yourhomey.com Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, fees, fines, penalties and other liability to Yourhomey.com, other Users, third parties or you;
- Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Yourhomey.com Services;
- Use your Account or the Yourhomey.com Services in a manner that Yourhomey.com reasonably believes to be an abuse or violation of the system;
- Access the Yourhomey.com Services from a country that is not supported by Yourhomey’s payment platform provider PayPal;
- Disclose, record, or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express written consent to do so;
- Send unsolicited email to a User or use the Yourhomey.com Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Yourhomey.com Services;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
- Use the Yourhomey.com Services to test debit or credit card behaviors;
- Use the Yourhomey.com Services to engage in money laundering or other financial crimes including the funding of terrorism.
24. Your Liability - Actions We May Take. You are responsible for all Reversals, Claims, fees, fines, penalties and other liability incurred by Yourhomey.com, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Yourhomey.com Services. You agree to reimburse Yourhomey.com, a User, or a third party for any and all such liability.
25. Liability for Yourhomey.com Claims. If you lose a Claim filed directly with Yourhomey.com, you will be required to reimburse Yourhomey.com for your liability as determined by Yourhomey.com. You will not receive a refund on your Yourhomey.com fees.
26. Liability for claims filed directly with PayPal. If you file a claim directly with Yourhomey’s payment platform provider PayPal, you are required to comply with their resolution processes. See PayPal policies for more information.
27. Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Yourhomey.com, Yourhomey.com may immediately charge you for such amounts. Yourhomey.com reserves its right to engage in collection efforts to recover any such unpaid amounts from you.
28. Actions by Yourhomey.com. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Yourhomey.com, PayPal, other Users, other third parties, or you from Reversals, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your Account or the Yourhomey.com Services;
- We may contact Users who have either received funds from you or paid funds to you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
- We may update inaccurate Information you provided us;
- We may refuse to provide the Yourhomey.com Services to you in the future;
- We may take legal action against you.
29. Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of the Yourhomey.com Services for any reason, we may provide you with notice of our actions. If we limit access to your Account, we may provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
30. Notification Requirements. You should immediately notify Yourhomey.com if you
believe there has been an unauthorized transaction or unauthorized access to your Account, or if there is an error in your Account. You should regularly review your Account Profile to ensure that there has not been an unauthorized transaction or other errors.
31. Disputes with Yourhomey.com. Contact Yourhomey.com first. If a dispute arises between you and Yourhomey.com, our goal is to learn about, address and resolve it and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving the dispute quickly.
32. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
33. Law and Forum for Disputes. Except as otherwise agreed by the parties or as described above, you agree that any claim or dispute you may have against Yourhomey.com must be resolved by a court located in the state of California. You agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
34. Improperly Filed Litigation. All claims you bring against Yourhomey.com must be resolved in accordance with this Agreement. All claims filed or brought contrary to this agreement shall be considered improperly filed in breach of this Agreement. Should you file a claim contrary to this agreement, Yourhomey.com may recover attorneys' fees and costs (including in-house attorneys and paralegals), provided that Yourhomey.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw and revise such claim.
35. Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Yourhomey.com will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
36. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
37. Indemnification.You agree to defend, indemnify and hold Yourhomey.com, its affiliates including but not limited to parent, subsidiaries, employees, officers, directors, contractors, suppliers and payment platform providers harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Yourhomey.com Services.
38. Assumption of Rights. If Yourhomey.com pays out a Claim or Reversal that you file against a recipient of your payment, you agree that Yourhomey.com assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, solely in Yourhomey.com’s discretion.
39. Release of Yourhomey.com. If you have a dispute with one or more Users, you release Yourhomey.com (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
40. Limitations of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE YOURHOMEY.COM SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
41. No Warranty. YOURHOMEY.COM, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS PROVIDE THE YOURHOMEY.COM SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOURHOMEY.COM, ITS AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Yourhomey.com does not have any control over the services, if any, that are paid for with the Yourhomey.com Services and Yourhomey.com cannot ensure that a party to the transaction you are dealing with will actually complete the transaction or is authorized to do so. Yourhomey.com does not guarantee continuous, uninterrupted or secure access to any part of the Yourhomey.com Services, and operation of our site may be interfered with by numerous factors outside of our control. Yourhomey.com makes no representations or warranties regarding the amount of time needed to complete payment processing because the Yourhomey.com Services are dependent upon many factors outside of our control, such as actions by its payment platform provider PayPal and delays in the banking system or internet services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
42. Your Contracts. It is your responsibility to make sure that your use of the Yourhomey.com Services is in full compliance with all personal and professional contracts that you may be under, including but not limited to employment contracts. Yourhomey.com is not responsible and will not be liable for any damages incurred by use of the Yourhomey.com Services including but not limited to: employment termination, lost profits, or any special, incidental or consequential damages.
43. License Grant. Yourhomey.com grants you the right to use the Yourhomey.com Services only for your personal use and in accordance with the terms of use stated in this Agreement and in any other agreements or policies Yourhomey.com posts from time to time at Yourhomey.com. You may not copy any part of the Yourhomey.com website or Yourhomey.com Services. You may not modify any part of the Yourhomey.com website or Yourhomey.com Services. You may not sell, license, publish or commercialize any part of the Yourhomey.com website or Yourhomey.com Services, including any information or other material including software associated with the Yourhomey.com website or Yourhomey.com Services. You may not transfer any rights relating to your use of the Yourhomey.com Services. You may not rent or lease any part of the Yourhomey.com Services. You may not use the Yourhomey.com Services in any manner that could impair in any way the Yourhomey.com website or interfere with any party’s use or enjoyment of any Yourhomey.com Services. You must use the Yourhomey.com Services in compliance with all applicable laws and regulations. Your right to use the Yourhomey.com Services immediately will terminate if you violate any provision of this Agreement or any other related agreement or policy posted at Yourhomey.com. You use the Yourhomey.co Services at your own risk, and you are solely responsible for any damages to your mobile or other device(s), loss of data or any other damages that result from the use of the Yourhomey.com Services. Yourhomey.com expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Yourhomey.com Services. You will indemnify and hold harmless Yourhomey.com and its affiliates, including but not limited to parent, subsidiaries, employees, officers, directors, contractors and payment platform provider PayPal from any claim made by any third party arising in connection with a violation of this License Agreement, for which you are responsible. Yourhomey.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. Yourhomey.com owns, or is the licensee to, all right, title and interest in and to the Yourhomey.com website and the Yourhomey.com Services, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Yourhomey.com website or the Yourhomey.com Services and you will not remove, obscure or alter Yourhomey’s copyright or patent notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Yourhomey.com website or the Yourhomey.com Services. Unless otherwise regulated in this License Agreement, Yourhomey.com is not liable to you for any harm resulting from any use or misuse of the Yourhomey.com Services. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if Yourhomey.com has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of or reliance on the Yourhomey.com Services, from inability to use the Yourhomey.com Services, or from the interruption, suspension, or termination of the Yourhomey.com Services (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
44. Complete Agreement. This Agreement, along with any applicable policies and agreements on the Yourhomey.com website, sets forth the entire understanding between you and Yourhomey.com with respect to the Yourhomey.com Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
45. Translated Agreement. Yourhomey.com may provide you with the ability to translate this Agreement to a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
46. Definitions.
"Account" or "Profile" means use of the Yourhomey.com website or service in any way, including but not limited to: the creation of a profile page.
"Agreement" means this agreement including all subsequent amendments and updates as may be posted from time to time at Yourhomey.com.
"Business Days" means Monday through Friday.
"Customer Service" is Yourhomey’s customer support which can be accessed by sending an email to [email protected].
"Days" means calendar days.
"Dispute" means a dispute filed by a User directly with Yourhomey.com.
"Fees" means those amounts stated above.
"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, mailing address, phone number or other information.
"Payment Review" means the process described in this Agreement.
"Policy" or "Policies" means any Policy or other agreement between you and Yourhomey.com that you entered into on the Yourhomey.com website, or in connection with your use of the Yourhomey.com Services.
"Restricted Activities" means those activities described as restricted in this Agreement.
"Reversal" means the reversal of a Yourhomey.com payment you received because (a) it is invalidated by Yourhomey’s Payment Platform Provider PayPal, (b) the sender of the payment did not have authorization to send the payment (for example: the sender used a mobile phone that he/she did not own to make a payment using the mobile phone owner’s Yourhomey.com account without authorization), (c) you received the payment for activities that violated this Agreement, the Yourhomey.com Acceptable Use Policy, or any other Yourhomey.com agreement or policy, or (e) Yourhomey.com decided a Claim against you.
"Send Money" means your ability to send money though the Yourhomey.com Services.
"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"User" means any person or entity using the Yourhomey.com website or Services including you.
"Yourhomey.com," “Yourhomey,” "we," "us" or "our" means Yourhomey.com, and its affiliates including but not limited to parent and subsidiaries.
"Yourhomey.com Services" means any and all products and services and any other features, technologies and/or functionalities Yourhomey.com provides in connection with its facilitation of the payment of tips, gratuities and other similar payments.
