Website Terms of Use
Version 1.0
Last revised on: March 12, 2024
The website located at www.yourhomebase.co (the “Site”) is a copyrighted work belonging to HomeBase Ventures, Inc
(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features. All such additional terms,
guidelines, and rules are incorporated by reference into these
Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN
YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE
ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT,
AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF
OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE
SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF
YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT
ACCESS AND/OR USE THE SITE.
PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND
COMPANY. AMONG OTHER THINGS, SECTION 10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED
EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY
BINDING AND FINAL ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE
READ SECTION 10.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1)
YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF
AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR
CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
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Accounts
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Account Creation. In order to use certain features of the Site, you must register for
an account (“Account”) and provide certain information about yourself as prompted
by the account registration form. You represent and warrant
that: (a) all required registration information you submit is truthful
and accurate; (b) you will maintain the accuracy of such information.
You may delete your Account at any time, for any reason, by following
the instructions on the Site. Company may suspend or terminate
your Account in accordance with Section 8.
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Account Responsibilities. You are responsible for maintaining the confidentiality of
your Account login information and are fully responsible for all
activities that occur under your Account. You agree to
immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security.
Company cannot and will not be liable for any loss or damage
arising from your failure to comply with the above requirements.
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Access to the Site
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License. Subject to these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited license to use and access the Site
solely for your own personal, noncommercial use.
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Certain Restrictions. The rights granted to you in these Terms are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site,
whether in whole or in part, or any content displayed on the Site; (b)
you shall not modify, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no
part of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means. Unless otherwise indicated, any future release, update,
or other addition to functionality of the Site shall be subject to
these Terms. All copyright and other proprietary notices on the
Site (or on any content displayed on the Site) must be retained on all
copies thereof.
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Modification. Company reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice
to you. You agree that Company will not be liable to you or to
any third party for any modification, suspension, or discontinuation
of the Site or any part thereof.
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No Support or Maintenance. You acknowledge and agree that Company will have no obligation
to provide you with any support or maintenance in connection with the
Site.
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Ownership. Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including
copyrights, patents, trade marks, and trade secrets, in the Site and
its content are owned by Company or Company’s suppliers.
Neither these Terms (nor your access to the Site) transfers to
you or any third party any rights, title or interest in or to such
intellectual property rights, except for the limited access rights
expressly set forth in Section 2.1. Company and its suppliers reserve
all rights not granted in these Terms. There are no implied
licenses granted under these Terms.
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Feedback. If you provide Company with any feedback or suggestions
regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback
and agree that Company shall have the right to use and fully exploit
such Feedback and related information in any manner it deems
appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary. You agree that
you will not submit to Company any information or ideas that you
consider to be confidential or proprietary.
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User Content
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User Content. “User Content” means any and all information and content that a user submits
to, or uses with, the Site (e.g., content in the user’s profile
or postings). You are solely responsible for your User Content.
You assume all risks associated with use of your User Content,
including any reliance on its accuracy, completeness or usefulness by
others, or any disclosure of your User Content that personally
identifies you or any third party. You hereby represent and
warrant that your User Content does not violate our Acceptable Use
Policy (defined in Section 3.3). You may not represent or imply
to others that your User Content is in any way provided, sponsored or
endorsed by Company. Since you alone are responsible for your
User Content, you may expose yourself to liability if, for example,
your User Content violates the Acceptable Use Policy. Company is
not obligated to backup any User Content, and your User Content may be
deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of
your User Content if you desire.
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License. You hereby grant (and you represent and warrant that you have
the right to grant) to Company an irrevocable, nonexclusive,
royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User
Content, and to grant sublicenses of the foregoing rights, solely for
the purposes of including your User Content in the Site. You
hereby irrevocably waive (and agree to cause to be waived) any claims
and assertions of moral rights or attribution with respect to your
User Content.
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Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
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You agree not to use the Site to collect, upload, transmit, display,
or distribute any User Content (i) that violates 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, (ii) that is unlawful, harassing,
abusive, tortious, threatening, harmful, invasive of another’s
privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism,
bigotry, hatred, or physical harm of any kind against any group or
individual or is otherwise objectionable, (iii) that is harmful to
minors in any way, or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third
party.
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In addition, you agree not to: (i) upload, transmit, or distribute to
or through the Site any computer viruses, worms, or any software
intended to damage or alter a computer system or data; (ii) send
through the Site unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages, whether commercial
or otherwise; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users, including e-mail
addresses, without their consent; (iv) interfere with, disrupt, or
create an undue burden on servers or networks connected to the Site,
or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site (or to other
computer systems or networks connected to or used together with the
Site), whether through password mining or any other means; (vi) harass
or interfere with any other user’s use and enjoyment of the
Site; or (vi) use software or automated agents or scripts to produce
multiple accounts on the Site, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the
Site (provided, however, that we conditionally grant to the operators
of public search engines revocable permission to use spiders to copy
materials from the Site for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials, subject
to the parameters set forth in our robots.txt file).
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Enforcement. We reserve the right (but have no obligation) to review, refuse
and/or remove any User Content in our sole discretion, and to
investigate and/or take appropriate action against you in our sole
discretion if you violate the Acceptable Use Policy or any other
provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
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Indemnification. You agree to indemnify and hold Company (and its officers, employees,
and agents) harmless, including costs and attorneys’ fees, from
any claim or demand made by any third party due to or arising out of
(a) your use of the Site, (b) your violation of these Terms, (c) your
violation of applicable laws or regulations or (d) your User Content.
Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior
written consent of Company. Company will use reasonable efforts
to notify you of any such claim, action or proceeding upon becoming
aware of it.
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Third-Party Links & Ads; Other Users
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Third-Party Links & Ads. The Site may contain links to third-party websites and services,
and/or display advertisements for third parties (collectively,
“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the
control of Company, and Company is not responsible for any Third-Party
Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review,
approve, monitor, endorse, warrant, or make any representations with
respect to Third-Party Links & Ads. You use all Third-Party
Links & Ads at your own risk, and should apply a suitable level of
caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms
and policies apply, including the third party’s privacy and data
gathering practices. You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction
in connection with such Third-Party Links & Ads.
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Other Users. Each Site user is solely responsible for any and all of its own User
Content. Since we do not control User Content, you acknowledge
and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding
the accuracy, currency, suitability, appropriateness, or quality of
any User Content. Your interactions with other Site users are
solely between you and such users. You agree that Company will
not be responsible for any loss or damage incurred as the result of
any such interactions. If there is a dispute between you and any
Site user, we are under no obligation to become involved.
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Release. You hereby release and forever discharge Company (and our
officers, employees, agents, successors, and assigns) from, and hereby
waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature (including personal injuries,
death, and property damage), that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site
(including any interactions with, or act or omission of, other Site
users or any Third-Party Links & Ads). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.”
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Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR
WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
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Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR
OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO
USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING
FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE
THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF
ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your
rights to use the Site (including your Account) at any time for any
reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of
your Account may involve deletion of your User Content associated with
your Account from our live databases. Company will not have any
liability whatsoever to you for any termination of your rights under
these Terms, including for termination of your Account or deletion of
your User Content. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through
10.
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Copyright Policy.
Company respects the intellectual property of others and asks that
users of our Site do the same. In connection with our Site, we
have adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the
termination, in appropriate circumstances, of users of our online Site
who are repeat infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the
use of our Site, unlawfully infringing the copyright(s) in a work, and
wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C.
§ 512(c)) must be provided to our designated Copyright Agent:
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your physical or electronic signature;
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identification of the copyrighted work(s) that you claim to have been
infringed;
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identification of the material on our services that you claim is
infringing and that you request us to remove;
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sufficient information to permit us to locate such material;
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your address, telephone number, and e-mail address;
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a statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
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a statement that the information in the notification is accurate, and
under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are authorized
to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact (falsities) in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection
with the written notification and allegation of copyright
infringement.
The designated Copyright Agent for Company is: _________
Designated Agent: _________
Address of Agent: _________
Telephone: _________
Fax: _________
Email: _________
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General
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Changes. These Terms are subject to occasional revision, and if we make
any substantial changes, we may notify you by sending you an e-mail to
the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Site. You are
responsible for providing us with your most current e-mail address.
In the event that the last e-mail address that you have provided
us is not valid, or for any reason is not capable of delivering to you
the notice described above, our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes
described in the notice. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such
changes.
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Dispute Resolution. Please read the following arbitration agreement in this Section (the
“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with
Company, its parent companies, subsidiaries, affiliates, successors
and assigns and all of their respective officers, directors,
employees, agents, and representatives (collectively, the
“Company Parties”) and limits the manner in which you can seek relief from the
Company Parties.
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Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company
Parties relating in any way to the Site, the services offered on the
Site (the “Services”) or these Terms will be resolved by binding arbitration,
rather than in court, except that (1) you and the Company Parties may
assert individualized claims in small claims court if the claims
qualify, remain in such court and advance solely on an individual,
non-class basis; and (2) you or the Company Parties may seek equitable
relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or
termination of these Terms and shall apply, without limitation, to all
claims that arose or were asserted before you agreed to these Terms
(in accordance with the preamble) or any prior version of these
Terms. This Arbitration Agreement does not preclude you from bringing
issues to the attention of federal, state or local agencies.
Such agencies can, if the law allows, seek relief against the
Company Parties on your behalf. For purposes of this Arbitration
Agreement, “Dispute” will also include disputes that arose or involve facts
occurring before the existence of this or any prior versions of the
Agreement as well as claims that may arise after the termination of
these Terms.
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Informal Dispute Resolution. There might be instances when a Dispute arises between you and
Company. If that occurs, Company is committed to working with you to
reach a reasonable resolution. You and Company agree that good faith
informal efforts to resolve Disputes can result in a prompt,
low‐cost and mutually beneficial outcome. You and Company
therefore agree that before either party commences arbitration against
the other (or initiates an action in small claims court if a party so
elects), we will personally meet and confer telephonically or via
videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may
participate in the conference, but you will also participate in the
conference.
The party initiating a Dispute must give notice to the other party in
writing of its intent to initiate an Informal Dispute Resolution
Conference (“Notice”), which shall occur within 45 days after the other party
receives such Notice, unless an extension is mutually agreed upon by the
parties. Notice to Company that you intend to initiate an Informal
Dispute Resolution Conference should be sent by email to:
[admin@yourhomebase.co, or by regular mail to 1 N 4th Pl 26M , Brooklyn,
New York 11249][{. . .}, or by regular mail to {. . .}, {. . .},
California {. . .}]. The Notice must include: (1) your name, telephone
number, mailing address, e‐mail address associated with your
account (if you have one); (2) the name, telephone number, mailing
address and e‐mail address of your counsel, if any; and (3) a
description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such
that a separate conference must be held each time either party initiates
a Dispute, even if the same law firm or group of law firms represents
multiple users in similar cases, unless all parties agree; multiple
individuals initiating a Dispute cannot participate in the same Informal
Dispute Resolution Conference unless all parties agree. In the time
between a party receiving the Notice and the Informal Dispute Resolution
Conference, nothing in this Arbitration Agreement shall prohibit the
parties from engaging in informal communications to resolve the
initiating party’s Dispute. Engaging in the Informal Dispute
Resolution Conference is a condition precedent and requirement that must
be fulfilled before commencing arbitration. The statute of limitations
and any filing fee deadlines shall be tolled while the parties engage in
the Informal Dispute Resolution Conference process required by this
section.
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Arbitration Rules and Forum. These Terms evidence a transaction involving interstate
commerce; and notwithstanding any other provision herein with respect
to the applicable substantive law, the Federal Arbitration Act, 9
U.S.C. § 1 et seq., will govern the interpretation and
enforcement of this Arbitration Agreement and any arbitration
proceedings. If the Informal Dispute Resolution Process described
above does not resolve satisfactorily within 60 days after receipt of
your Notice, you and Company agree that either party shall have the
right to finally resolve the Dispute through binding arbitration. The
Federal Arbitration Act governs the interpretation and enforcement of
this Arbitration Agreement. The arbitration will be conducted by JAMS,
an established alternative dispute resolution provider. Disputes
involving claims and counterclaims with an amount in controversy under
$250,000, not inclusive of attorneys’ fees and interest, shall
be subject to JAMS’ most current version of the Streamlined
Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current
version of the Comprehensive Arbitration Rules and Procedures,
available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to
initiate arbitration must provide the other party with a request for
arbitration (the “Request”). The Request must include: (1) the name, telephone number,
mailing address, e‐mail address of the party seeking arbitration
and the account username (if applicable) as well as the email address
associated with any applicable account; (2) a statement of the legal
claims being asserted and the factual bases of those claims; (3) a
description of the remedy sought and an accurate, good‐faith
calculation of the amount in controversy in United States Dollars; (4)
a statement certifying completion of the Informal Dispute Resolution
process as described above; and (5) evidence that the requesting party
has paid any necessary filing fees in connection with such
arbitration.
If the party requesting arbitration is represented by counsel, the
Request shall also include counsel’s name, telephone number,
mailing address, and email address. Such counsel must also sign the
Request. By signing the Request, counsel certifies to the best of
counsel’s knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, that: (1) the Request is not
being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of dispute
resolution; (2) the claims, defenses and other legal contentions are
warranted by existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and
(3) the factual and damages contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery.
Unless you and Company otherwise agree, or the Batch Arbitration
process discussed in Subsection 10.2(h) is triggered, the arbitration
will be conducted in the county where you reside. Subject to the JAMS
Rules, the arbitrator may direct a limited and reasonable exchange of
information between the parties, consistent with the expedited nature of
the arbitration. If the JAMS is not available to arbitrate, the parties
will select an alternative arbitral forum. Your responsibility to pay
any JAMS fees and costs will be solely as set forth in the applicable
JAMS Rules.
You and Company agree that all materials and documents exchanged during
the arbitration proceedings shall be kept confidential and shall not be
shared with anyone except the parties’ attorneys, accountants, or
business advisors, and then subject to the condition that they agree to
keep all materials and documents exchanged during the arbitration
proceedings confidential.
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Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all
disputes subject to arbitration hereunder including, without
limitation, any dispute related to the interpretation, applicability,
enforceability or formation of this Arbitration Agreement or any
portion of the Arbitration Agreement, except for the following: (1)
all Disputes arising out of or relating to the subsection entitled
“Waiver of Class or Other Non-Individualized Relief,”
including any claim that all or part of the subsection entitled
“Waiver of Class or Other Non-Individualized Relief” is
unenforceable, illegal, void or voidable, or that such subsection
entitled “Waiver of Class or Other Non-Individualized
Relief” has been breached, shall be decided by a court of
competent jurisdiction and not by an arbitrator; (2) except as
expressly contemplated in the subsection entitled “Batch
Arbitration,” all Disputes about the payment of arbitration fees
shall be decided only by a court of competent jurisdiction and not by
an arbitrator; (3) all Disputes about whether either party has
satisfied any condition precedent to arbitration shall be decided only
by a court of competent jurisdiction and not by an arbitrator; and (4)
all Disputes about which version of the Arbitration Agreement applies
shall be decided only by a court of competent jurisdiction and not by
an arbitrator. The arbitration proceeding will not be
consolidated with any other matters or joined with any other cases or
parties, except as expressly provided in the subsection entitled
“Batch Arbitration.” The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim or
dispute. The arbitrator shall have the authority to award monetary
damages and to grant any non-monetary remedy or relief available to an
individual party under applicable law, the arbitral forum’s
rules, and these Terms (including the Arbitration Agreement). The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which any award
(or decision not to render an award) is based, including the
calculation of any damages awarded. The arbitrator shall follow the
applicable law. The award of the arbitrator is final and binding upon
you and us. Judgment on the arbitration award may be entered in any
court having jurisdiction.
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Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 10.2(A) YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company
Parties are instead electing that all covered claims and disputes
shall be resolved exclusively by arbitration under this Arbitration
Agreement, except as specified in Section 10.2(a) above. An arbitrator
can award on an individual basis the same damages and relief as a
court and must follow these Terms as a court would. However, there is
no judge or jury in arbitration, and court review of an arbitration
award is subject to very limited review.
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Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2(H) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL
BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE
PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD,
ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE,
REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS
AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Subject to this Arbitration Agreement, the arbitrator may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by the party’s individual claim. Nothing in this
paragraph is intended to, nor shall it, affect the terms and
conditions under the Subsection 10.2(h) entitled “Batch
Arbitration.” Notwithstanding anything to the contrary in this
Arbitration Agreement, if a court decides by means of a final
decision, not subject to any further appeal or recourse, that the
limitations of this subsection, “Waiver of Class or Other
Non-Individualized Relief,” are invalid or unenforceable as to a
particular claim or request for relief (such as a request for public
injunctive relief), you and Company agree that that particular claim
or request for relief (and only that particular claim or request for
relief) shall be severed from the arbitration and may be litigated in
the state or federal courts located in the State of New York. All
other Disputes shall be arbitrated or litigated in small claims court.
This subsection does not prevent you or Company from participating in
a class-wide settlement of claims.
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Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and
costs in arbitration unless the arbitrator finds that either the
substance of the Dispute or the relief sought in the Request was
frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)). If you
or Company need to invoke the authority of a court of competent
jurisdiction to compel arbitration, then the party that obtains an
order compelling arbitration in such action shall have the right to
collect from the other party its reasonable costs, necessary
disbursements, and reasonable attorneys’ fees incurred in
securing an order compelling arbitration. The prevailing party in any
court action relating to whether either party has satisfied any
condition precedent to arbitration, including the Informal Dispute
Resolution Process, is entitled to recover their reasonable costs,
necessary disbursements, and reasonable attorneys’ fees and
costs.
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Batch Arbitration. To increase the efficiency of administration and resolution of
arbitrations, you and Company agree that in the event that there are
100 or more individual Requests of a substantially similar nature
filed against Company by or with the assistance of the same law firm,
group of law firms, or organizations, within a 30 day period (or as
soon as possible thereafter), the JAMS shall (1) administer the
arbitration demands in batches of 100 Requests per batch (plus, to the
extent there are less than 100 Requests left over after the batching
described above, a final batch consisting of the remaining Requests);
(2) appoint one arbitrator for each batch; and (3) provide for the
resolution of each batch as a single consolidated arbitration with one
set of filing and administrative fees due per side per batch, one
procedural calendar, one hearing (if any) in a place to be determined
by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar
nature” if they arise out of or relate to the same event or
factual scenario and raise the same or similar legal issues and seek the
same or similar relief. To the extent the parties disagree on the
application of the Batch Arbitration process, the disagreeing party
shall advise the JAMS, and the JAMS shall appoint a sole standing
arbitrator to determine the applicability of the Batch Arbitration
process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by
the Administrative Arbitrator, the parties agree the Administrative
Arbitrator may set forth such procedures as are necessary to resolve any
disputes promptly. The Administrative Arbitrator’s fees shall be
paid by Company.
You and Company agree to cooperate in good faith with the JAMS to
implement the Batch Arbitration process including the payment of single
filing and administrative fees for batches of Requests, as well as any
steps to minimize the time and costs of arbitration, which may include:
(1) the appointment of a discovery special master to assist the
arbitrator in the resolution of discovery disputes; and (2) the adoption
of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as
authorizing a class, collective and/or mass arbitration or action of any
kind, or arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this provision.
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30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending a timely written notice of your
decision to opt out to the following address: 1 N 4th Pl 26M ,
Brooklyn, New York 11249, or email to admin@yourhomebase.co, within 30
days after first becoming subject to this Arbitration Agreement. Your
notice must include your name and address and a clear statement that
you want to opt out of this Arbitration Agreement. If you opt out of
this Arbitration Agreement, all other parts of these Terms will
continue to apply to you. Opting out of this Arbitration Agreement has
no effect on any other arbitration agreements that you may currently
have with us, or may enter into in the future with us.
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Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of
Class or Other Non-Individualized Relief”, if any part or parts
of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Arbitration
Agreement shall continue in full force and effect. You further agree
that any Dispute that you have with Company as detailed in this
Arbitration Agreement must be initiated via arbitration within the
applicable statute of limitation for that claim or controversy, or it
will be forever time barred. Likewise, you agree that all applicable
statutes of limitation will apply to such arbitration in the same
manner as those statutes of limitation would apply in the applicable
court of competent jurisdiction.
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Modification. Notwithstanding any provision in these Terms to the contrary,
we agree that if Company makes any future material change to this
Arbitration Agreement, you may reject that change within 30 days of
such change becoming effective by writing Company at the following
address: 1 N 4th Pl 26M , Brooklyn, New York 11249, or email to
admin@yourhomebase.co. Unless you reject the change within 30
days of such change becoming effective by writing to Company in
accordance with the foregoing, your continued use of the Site and/or
Services, including the acceptance of products and services offered on
the Site following the posting of changes to this Arbitration
Agreement constitutes your acceptance of any such changes. Changes to
this Arbitration Agreement do not provide you with a new opportunity
to opt out of the Arbitration Agreement if you have previously agreed
to a version of these Terms and did not validly opt out of
arbitration. If you reject any change or update to this Arbitration
Agreement, and you were bound by an existing agreement to arbitrate
Disputes arising out of or relating in any way to your access to or
use of the Services or of the Site, any communications you receive,
any products sold or distributed through the Site, the Services, or
these Terms, the provisions of this Arbitration Agreement as of the
date you first accepted these Terms (or accepted any subsequent
changes to these Terms) remain in full force and effect. Company will
continue to honor any valid opt outs of the Arbitration Agreement that
you made to a prior version of these Terms.
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Export. The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree
not to export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such
data, in violation of the United States export laws or regulations.
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Disclosures. Company is located at the address in Section 10.8. If you are
a California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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Electronic Communications. The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company
posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications
that Company provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were be in a
hardcopy writing. The foregoing does not affect your non-waivable
rights.
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Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
“including” means “including without
limitation”. If any provision of these Terms is, for any
reason, held to be invalid or unenforceable, the other provisions of
these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable
to the maximum extent permitted by law. Your relationship to
Company is that of an independent contractor, and neither party is an
agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Company’s prior written
consent, and any attempted assignment, subcontract, delegation, or
transfer in violation of the foregoing will be null and void.
Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
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Copyright/Trademark Information. Copyright © 2024 HomeBase Ventures, Inc. All rights reserved. All trademarks,
logos and service marks (“Marks”) displayed on the Site are our property or the property of
other third parties. You are not permitted to use these Marks without
our prior written consent or the consent of such third party which may
own the Marks.
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Contact Information:
Ian
Address:
1 N 4th Pl 26M
Brooklyn, New York 11249
Telephone: 9294240156
Email: admin@yourhomebase.co
* * *
Information about Digital Millennium Copyright Act (“DMCA”) Safe Harbor:
The Copyright Policy section (Section 9 above) has been included
because you indicated that www.yourhomebase.co includes user content.
We recommend you take advantage of the DMCA safe harbor.
The DMCA provides certain “safe harbor” provisions that
insulate online service providers (OSP) from liability for copyright
infringement for infringing activities of its end users. In addition to
meeting the requirements for each safe harbor exemption, an OSP must
comply with the following to qualify for the safe harbor protection
under the DMCA:
(a) Give notice to its users of its policies regarding copyright
infringement and the consequences of repeated infringing activity.
(b) Follow proper notice and takedown procedures. Once a
copyright owner provides proper notice of allegedly infringing material
to the OSP, or the OSP discovers such material itself, the OSP must
remove, or disable access to, the material; provide notice thereafter to
the individual responsible for such material; provide such individual
with an opportunity to provide proper “counter-notice;” and
comply with applicable procedures thereafter.
(c) Designate an agent to receive notices of infringement from
copyright owners (and provide the Copyright Office with contact
information for such agent and make such information available on its
website).