Website Terms of Use
TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. By clicking an "I Accept" button or otherwise using the Service, you represent that you have read and understand these Terms, are over the age of 18 (or older if required by law), and are either consenting to be legally bound by these Terms on your own behalf or on behalf of a company as an authorized representative. If you are consenting on behalf of a company, you further represent that you have the authority to bind the company to these Terms and that the company agrees to be legally bound by these Terms. If you do not agree to these Terms or cannot make these representations, you do not have our permission to use the Service.
Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of Housewell.com the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Housewell Technologies, Inc. or its affiliated group of companies ( “us”, “we”, “our” as the case may be) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://housewell.com/terms-of-use Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE (SEE SECTION 4) ALL CLAIMS AND ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY (SEE LINK BELOW), PLEASE DO NOT ACCESS OR USE THIS SITE.
Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://housewell.com/privacy-policy.
Arbitration Notice: You and we agree that any disputes arising under these Terms will be resolved through binding, individual arbitration, and that by accepting these Terms, each of us is waiving our right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator, not a judge or jury.
Access requirements: To access most features of our services, you must create an account. When creating your account, you will be asked to provide some information about yourself, such as your email address, home address, and a valid, government-issued photo ID. You must keep your account information accurate and up-to-date. You are responsible for maintaining the confidentiality of your account and for restricting access to it. You are also responsible for all activities that occur in your account or under your access credentials. If you believe that your account has been accessed without your permission, you must immediately notify us at [email address]. We are not responsible for any loss or damage arising from your failure to comply with this requirement or for any third-party access to your account that results from theft or misappropriation of your account.
Payments and Authorization for Service Fees. Some features of the Service may require you to pay service fees. All fees are in US Dollars and are non-refundable. We may seek pre-authorization of your credit card account before your purchase, and may suspend or terminate access to our services for any account with unpaid fees. Delinquent accounts will be charged with additional fees.
Use of Connected Third Party- Services. We may provide tools that let you export information to third-party services, such as your bank account. By using these tools, you agree that we can share that information with the authorized third-party service. We are not responsible for how third-party services use your exported information. Any links to third-party websites are not under our control and we not responsible for the content of third-party websites. Our services may use third-party software components that are free and allow users to copy, modify, and distribute them. You can obtain these third-party components under the applicable third-party licenses, and your use of those components is governed by those licenses.
Ownership. All content included on this Site is and shall continue to be the property of Housewell Technologies, Inc., its affiliated group of companies or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
User Provided Content: User Content: Certain features of the Services allow users to upload and share content, such as messages, data, text, images, files, links, information, contracts, documents, materials, and other types of works (collectively, "User Content"). You retain all copyright and other proprietary rights in your User Content. By providing User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, perform, reproduce, modify for formatting, and distribute your User Content, in whole or in part, to provide the Services to you and other authorized users. You also give us permission to share your User Content with third parties you engage or wish to engage with, and any service providers that participate in transactions you enter. You represent and warrant that your User Content is true and accurate, and that its use by us will not:
Infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person.
Cause us to violate any law or regulation.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18 .
Trademarks. The Housewell logos and others are either trademarks or registered trademarks of Housewell Technologies, Inc. or our affiliated companies. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Site Use. grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at our discretion and we may terminate your use of this website at any time.
Mobile Services: The Service includes certain services that may be available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services and providing us with your telephone number(s), You are consenting to be contacted by us and our partners by telephone (on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means (“Communication Service”), even if you have opted into and placed your telephone number(s) on the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment in the Communication Service. You must consent to receive calls or text messages from us and our partners, if applicable, in order to use the Services. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old telephone number. Please see our Web and Electronic Consent for more information.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation. Opting-out of text, SMS or MMS messages is not optional with respect to active loan applications started for your account.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. You also agree to use the Service in a lawful manner and for lawful purposes only. You agree that our services may only be used or exported in compliance with U.S. law. You acknowledge and understand that we do not guarantee that the service is suitable, available for use in all locations or that approval for any service is guaranteed. You assume full responsibility for complying with applicable laws. Please note that our services may be subject to U.S. export controls, and it is prohibited to download, export, or re-export our services: (i) to countries such as Burma (Myanmar), Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country under U.S. trade sanctions; or (ii) to individuals or entities listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department's Denied Persons List or Entities List, including those covered by General Order 3 (15 C.F.R Part 736, Supplement 1) ("U.S Prohibited Party Lists"). By downloading any content and/or using our service, you confirm and warrant that you are not: (A) located in any of the aforementioned countries subject to U.S trade sanctions or designated as "terrorist supporting" by the U.S government; nor (B) listed on any of the U.S Prohibited Party Lists nor acting on behalf of anyone included on such lists.
Indemnification. You agree to indemnify, defend and hold us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. To the maximum extent permitted by law, you bear full responsibility for your use of the Service. You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, directors, managers, members, officers, employees, consultants, and agents (referred to as "Housewell Entities") from any claims brought by a third party. This includes all associated liability, damages, losses, and expenses (including attorneys' fees and costs) arising out of or connected with: (a) your unauthorized or improper use of the Service; (b) your violation of any portion of these Terms or any referenced representation, warranty or agreement contained herein; (c) infringement upon any third-party rights including intellectual property rights, publicity rights, confidentiality rights, other property rights or privacy rights; or (d) any dispute or issue between you and any third party. We reserve the right to assume exclusive defense and control over any matter otherwise subject to indemnification by you at our own expense. In such cases where we assume defense control, you agree to cooperate fully with our defense efforts while still maintaining your obligations for indemnification regarding that matter.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNLESS OR UNTIL WE ENTER INTO A BROKER-CLIENT RELATIONSHIP WITH YOU, THEN WE DO NOT ACT AS YOUR BROKER AND DO NOT REPRESSENT YOU IN ANY TRANSACTIONS. ANY ADDITIONAL PRODUCTS AND SERVICES WE OFFER THROUGH OUR SITE WILL BE SUBJECT TO ANY RELEVANT TERMS FOR THOS SERVICE OFFERINGS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. Your possession, permitted transfer, and use of the Service (including your account) are entirely at your own risk. The Service and your account are provided on an "as is" basis. To the maximum extent permitted by applicable law, we and all Housewell Entities disclaim all warranties, whether express or implied. These disclaimed warranties include but are not limited to:
Warranties of merchantability, quality, accuracy, title,
non-interference,
non-infringement,
and fitness for a particular purpose with respect to the Service and your account.
Warranties that the Service and your account, as well as any data processed through or using the Service, are secure, accurate, free from bugs, viruses, interruption, errors, theft or destruction.
If any of these exclusions do not apply to you or are void under any applicable law in relation to you:
Any warranty that cannot be excluded is limited to the shorter of: (a) 30 days from the date of first delivery of the Service; or (b) the shortest period permitted under applicable law.
We nor our affiliates, subsidiaries providers guarantee the accuracy, adequacy, timeliness, reliability, completeness, suitability, availability or usefulness of any services for any purpose. Each person mentioned above disclaims liability for errors or omissions in relation to these services. None of these services constitute an offer to sell or a solicitation of an offer to buy/sell securities nor participate in any trading strategy. The services should not be relied upon as a basis for making investment decisions. They should also not be construed as legal business tax advice. You should consult with your own attorney, business advisor, and tax advisor before taking action in order to make an independent determination regarding suitability and legal business tax consequences. The Services may occasionally be temporarily unavailable due to maintenance or other reasons. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft or destruction of user communications. We are not responsible for any problems or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software or services due to technical problems or internet/traffic congestion.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE OR ANY HOUSEWELL ENTITY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE OR THE RETURN OF ANY FEE PAID TO US BY YOU FOR THE SPECIFIC SERVICE YOU RECEIVED WITHIN THE FOLLOWING 12 MONTHS AFTER RECEIVING SUCH SERVICE PLUS $100.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
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 that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your 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 owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Parker Bryant, who can be reached as follows:
By Mail: 580 Marsh Park Drive
By Phone: 6786029511
By E-mail: parker@housewell.com Parker to provide relevant information.
Applicable Law. You agree that the laws of the state of Georgia, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and us or our affiliates.
Agreement to Arbitrate. Dispute Resolution; Agreement to Arbitrate.
General Approach. In order to efficiently and cost-effectively resolve disputes between the parties, unless otherwise stated in Section 21(b) both parties agree that any dispute arising from this Agreement will be resolved through binding arbitration. Arbitration is a less formal process than a court lawsuit, utilizing a neutral arbitrator instead of a judge or jury. It may involve more limited discovery compared to court proceedings and is subject to minimal review by courts. Arbitrators have the authority to grant the same damages and relief as a court can provide. By entering into these terms and conditions, you acknowledge and accept that we both are waiving the right to a trial by jury or participation in class actions.
Exceptions. Notwithstanding the provisions of Section 21(a), nothing in this Agreement shall be interpreted as waiving, excluding, or limiting either party's right: (i) to file an individual action in small claims court; (ii) to pursue enforcement actions through applicable federal, state, or local agencies if available; (iii) to seek injunctive relief from a court of law in support of arbitration; or (iv) for filing suit in a court of law regarding an intellectual property infringement claim.
Opt-Out Option. If you do not wish to resolve disputes through binding arbitration, you have the option within 30 days to opt out of Section 21 by sending a letter stating your full legal name, email address associated with your Account, along with an explicit statement expressing your desire for arbitration opt-out ("Opt-Out Notice") addressed to Housewell Technologies Inc., Attention: Compliance – Arbitration Opt-Out, 580 Marsh Park Drive, Duluth, GA 30097.
Upon receipt of your Opt-Out Notice Section 21 (and Section 21 only) will become voided. Your Opt-Out Notice will not affect the remaining provisions of these Terms.
Arbitrator. Any arbitration will be conducted in accordance with the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively referred to as "AAA Rules"), with modifications specified in these Terms. The AAA Rules and filing forms can be accessed online at www.adr.org or by calling +1-800-778-7879 for AAA assistance. The arbitrator holds exclusive authority to resolve any disputes related to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Third-Party Beneficiaries. There are no third-party beneficiaries of this agreement.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by our authorized representative,
Notice to California Residents. Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Termination. We may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Terms of Use constitutes our entire agreement with you and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. We may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Contact Information.
Parker Bryant
580 Marsh Park Drive Duluth, Georgia, 30097
678-602-9511
parker@housewell.com