Terms of Service

This Terms of Service Agreement (“Agreement”) is a legally binding contract between [Insert Brand Here] (“[Brand]”, “we”, “us”, or “our”) and you (“you”, “your”, or “user”), and should be read carefully before using the services provided by [Brand] (“Services”). [Brand] reserves the right to change these Terms of Services from time to time, at any time, by posting such changes on [Insert Brand Here] website. This Agreement shall apply to any and all such updates, modifications and additional services, and/or products unless otherwise stipulated. [Brand] hereby reserve the right to cease offering any services and/or products advertised on [Insert Brand Here] website. You, as the end user, hereby acknowledge, and agree that [Brand] shall not be liable for any damages resulting from any such updates, modifications, or discontinuance of any services and/or products. Your continued use of [Insert Brand Here] website and/or Services after the posting of any updates, and/or modifications shall constitute your acceptance of such updates and/or modifications. BY USING THIS WEBSITE AND/OR THE SERVICES OFFERED WITHIN, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS WRITTEN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AS WRITTEN YOU MAY NOT USE THIS WEBSITE AND/OR THE SERVICES OFFERED. If you use any Services provided by [Brand], you may be subject to applicable agreements (“Supplemental Agreements”) and any posted guidelines or rules applicable to such Services. All such guidelines, rules, and Supplemental Agreements, are hereby incorporated by reference into this Agreement.

Limited License: Except as expressly provided otherwise in an applicable Supplemental Agreement, [Brand] grants to you a personal, limited, revocable, non-transferable, and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that may be made available to you on [Insert Brand Here] website, solely for your own non-commercial, that is necessary to receive the Services provided by [Brand]. You hereby acknowledge and agree not to replicate, duplicate, copy, trade, sell, resell and/or exploit for any commercial reason any part, use of, or access to [Insert Brand Here] website and/or the Services provided. If you make other use of [Insert Brand Here] website and/or the Services, you may violate copyright and other laws and may be liable for such unauthorized use. The violation of any rights held by [Brand] will be enforce to the fullest extent of the law.

User Information: In the course of your use of [Insert Brand Here] website and/or the Services, you may be asked to provide certain personal information. Our information collection and use policies with respect to the privacy of such personal information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You, and not [Brand], are responsible for the accuracy, currency, and content of such information.

Your Reasonability: You hereby acknowledge and agree that you are responsible for submitting accurate and complete information with regards to the preparation of your tax return. [Brand] may terminate this Agreement if we believe fraud and/or misinformation has been provided. It is also your responsibility to review your tax return for errors and informing [Brand] prior to the filing or printing of your return. [Brand] may, but is under no obligation to, make certain non-substantive (e.g., formatting) changes to your return in conformance with various filing and e-filing requirements and standards. You are also responsible for acquiring and maintaining all equipment, computers, software and communications and internet services relating to your access and use of [Insert Brand Here] website and/or the Services provided and for all expenses relating thereto. You must use a valid form of payment to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable.

Indemnification: You agree to defend, indemnify and hold [Brand], and its and their directors, officers, and employees harmless from any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and/or judgments whatsoever, that may arise as a result of: (a) your use of [Insert Brand Here] website and/or the Services provided; (b) your breach of this  Agreement or any other agreement regarding [Insert Brand Here] website and/or the Services provided; (c) arising in any way from information or other materials provided by you to [Brand]. [Brand] reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in any such case and you hereby agree to cooperate to the fullest extent with the defense of such claim.

DISCLAIMER OF WARRANTIES: [Insert Brand Here] WEBSITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, [Brand] HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM [Brand] OR THROUGH [Insert Brand Here] SHALL CREATE ANY WARRANTY. [Brand] ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN [Insert Brand Here] WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM [Insert Brand Here] WEBSITE. IF YOU ARE DISSATISFIED WITH [Insert Brand Here] WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE.

[Brand] RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON [Insert Brand Here] WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. [Brand] CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR SHALL [Brand] BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, [Brand] HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, DOCUMENTS AND OTHERWISE ON [Insert Brand Here] WEBSITE OR IN CORRESPONDENCE WITH [Brand] OR ITS AGENTS.

LIMITATION OF LIABILITY:  IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL [Brand] OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER TYPE OF DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, [Insert Brand Here] WEBSITE OR SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR OTHER PERSON ON OR THROUGH [Insert Brand Here] WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM [Insert Brand Here] WEBSITE OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO [Brand].

Transmission: You consent to the disclosure of all information and the transmission of your tax return to the respective federal and state agencies, as applicable by law.

Fees: You agree to pay all fees incurred in connection with your use of [Insert Brand Here] website and/or Services. [Brand] reserves the right to change its fee structure and/or to add new fees. Failure to pay will result in access to [Insert Brand Here] website being restricted and/or [Insert Brand Here] Services not being fulfilled and/or delivered.

Choice of Law and Forum: This Agreement and the relationship between you and [Brand] shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. All parties to this Agreement waive their respective rights to trial by jury. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of [Insert Brand Here] website and/or Services, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.

Entire Agreement: This Agreement, [Insert Brand Here] Privacy Policy, and Supplemental Agreements, if any, constitutes the entire agreement between you and [Brand] and shall supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to [Insert Brand Here] website and Services.

Waiver and Severability: If at any time, [Brand] should fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of this Agreement shall remain in full force and effect and the validity or enforceability shall not be affected.

Privacy Policy: Use of [Insert Brand Here] website and/or Services and any and all data and/or materials submit through or in association with same, are subject to [Insert Brand Here] Privacy Policy found here: https://homeownerproexperts.com/privacy-policy 

CONTACT US

Email: info@homeownerproexperts.com

Mailing Address:

30 N. Gould St.

Ste R Sheridan, WY 82801