MOBILE APPLICATION AND WEBSITE TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions Agreement (“Agreement”) applies to the application Homezena, the application Homezenist (each an “App,” and collectively the “Apps”) and the website (“Website”) provided and owned by Homezena, LLC (“Homezena,” “Company,” “we,” or “us”). This Agreement governs the use of the App and Website by users (“you”).
- Introduction and Agreement
- By using the App, Website, or by accessing services through our App or Website, you represent and agree as follows:
- you are at least eighteen (18) years of age;
- you can access, have read, and agree to be bound by this Agreement and Homezena’s Privacy Policy;
- you understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract as to the terms and conditions of your use of the App or Website;
- you agree to be bound by any affirmance, assent, or agreement you transmit to Homezena using the App or Website, including but not limited to any consent you give to receive communications from Homezena solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field in the App or Website, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature; and
- you will use the App and Website in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by us from time to time.
- The terms and conditions of this Agreement apply to the App, the Website, and any other application or website Homezena owns, provides, or operates, and all related documentation.
- By using the App, Website, or by accessing services through our App or Website, you represent and agree as follows:
- License Agreement
The App and Website are licensed, not sold, to you.
- Homezena’s License Grant to You. Subject to the terms and conditions of this Agreement, Homezena grants you a limited, non-exclusive, non-transferable license to:
- download, install, and use the App for your use on a mobile device owned or otherwise controlled by you; and
- access, stream, download, and use the Content and services made available or accessible through the App or Website, strictly in accordance with this Agreement and its terms and conditions.
- Restrictions on Homezena’s License Grant to You. Except as may be expressly permitted by applicable law or expressly authorized by the App, Website, or Homezena, you shall not:
- copy the App or Website, except as expressly permitted by this license or Homezena;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or Website;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or Website, or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, service mark, patent, or other intellectual property or proprietary rights notices from the App or Website, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, Website, or any features or functionality of the App or Website, to any third party for any reason, including by making the App or Website available on a network where it is capable of being accessed by more than one device at a time;
- use any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website;
- use any manual process to monitor or copy any of the material or Content on the Application or Website, or for any other purpose not expressly authorized in this Agreement, without Homezena’s prior written consent;
- frame, mirror, or otherwise incorporate the App, Website, or any portion of either as part of any other mobile application, website, or service;
- use the App or Website in any manner that could disable, overburden, damage, or impair either, or interfere with any other party’s use of either;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or Website;
- use the App or Website when you are driving a motor vehicle, even if doing so is legally permitted in your location; or
- use any feature of the App or Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, discriminatory, or hateful.
- Your License Grant to Homezena. Any communications or material of any kind that you input, enter, email, post, or otherwise transmit to Homezena using the App or Website, including data, questions, comments, or suggestions (your “Communications”) will become the Homezena’s property to the extent permissible under applicable state and federal law. Homezena will follow its Privacy Policy when dealing with your Communications. Subject to the Privacy Policy, you grant a license to Homezena to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information. You agree that Homezena’s use of your Communications in compliance with its Privacy Policy will not entitle you to any claim, cause of action, or other right with respect to the manner in which we, our affiliates, or our agents monitor your Communications and enforce or fail to enforce the terms and conditions of this Agreement. In no event will we, our affiliates, or our agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by us, or our affiliates, or our agents.
- Reservation of Rights. You acknowledge and agree that the App and Website are provided under license, and not sold, to you. You do not acquire any ownership interest in the App or Website under this Agreement, or any other rights relating to either, other than the right to use the App or Website in accordance with the license granted, subject to all terms, conditions, and restrictions under this Agreement. Homezena reserves and shall retain its entire right, title, and interest in and to both the App and the Website, including all copyrights, trademarks, service marks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Geographic Restrictions. The Content and services of the App and Website are based in the state of Kansas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and services from outside the United States, you are responsible for compliance with local laws.
- Updates. Homezena may from time to time in its sole discretion develop and provide updates to the App or Website, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Homezena has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either;
- the App will automatically download and install all available Updates; or
- you may receive notice or be prompted to download and install available Updates. You agree to download and install all Updates promptly. You acknowledge and agree that the App, Website, or portions thereof may not properly operate should you fail to do so. Further, you agree that all Updates will be deemed part of the App or Website and will be subject to all terms and conditions of this Agreement.
- Third Party Materials. The App and Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Homezena is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Homezena does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Content
- Homezena grants you a limited, revocable, nonexclusive license to use the App and Website solely for your own personal use, contingent upon your adherence to the terms and conditions of this Agreement.
- The App, the Website, and the entire contents, features, and functionality of each (including but not limited to all information, software, text, graphics, displays, images, user and visual interfaces, specifications, certifications, technical guidelines, catalogs, data, video, audio, and other Homezena materials contained herein, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof (herein, the “Content”)), is owned by Homezena and is protected by United States and international copyright, trademark, service mark, patent, trade secret, and other intellectual property or proprietary rights laws. Any copying, redistribution, uploading, posting, mirroring (to any other computer, server, website, public display, or other medium), republication, transmission, sale, incorporation into derivative works, or other distribution by you of any such Content, or any part of the App or Website is prohibited, except as expressly permitted by the terms and conditions of this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the App or Website. We reserve all other rights.
- Intellectual Property
- Proprietary Content. The App and Website are owned by Homezena and are protected by United States intellectual property laws, including copyright and trademark laws, and international treaty provisions. All Content, trademarks, service marks, trade names, logos, and icons are proprietary to Homezena, its affiliates, or its agents.
- Nothing contained in the App or Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed in the App or Website without the written permission of Homezena or such third party that may own the trademarks displayed in the App or Website. Your use of the trademarks, service marks, or copyrighted material displayed in either of the App or Website, or any other Content in either, except as provided herein, is strictly prohibited.
- Images displayed through the App and Website are either the property of, or used with permission by, Homezena, its affiliates, or its agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under this Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
- You agree not to impermissibly infringe or dilute, including by copy or use, trademarks, service marks, or copyrighted material.
- Claims of Infringement. It is the policy of Homezena to respond to claims of intellectual property infringement. Homezena will promptly process and investigate notices of alleged infringement and take appropriate actions under the applicable intellectual property laws.
- Notifications of claims of copyright infringement related to the either the App or Website should be sent to the following Designated Agent:
- Proprietary Content. The App and Website are owned by Homezena and are protected by United States intellectual property laws, including copyright and trademark laws, and international treaty provisions. All Content, trademarks, service marks, trade names, logos, and icons are proprietary to Homezena, its affiliates, or its agents.
Homezena, LLC
C/O Philip Allen, Designated Agent
15980 S. Sturgeon Dr
Olathe, KS 66062
Email: le***@ho******.com
- To be effective, a notification of claimed infringement must be a written communication provided to the designated agent of Homezena that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Homezena to locate the material;
- Information reasonably sufficient to permit Homezena to contact the complaining party, such as an address, telephone numbers, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Collection and Use of Your Information
You acknowledge that when you download, install, or use the App, Homezena may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and your use of the App. You acknowledge that Homezena may do the same when you access or use the Website from an internet browser. Also, you may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, or as a condition to accessing or using the Website or certain of its features or functionality. All information we collect through or in connection with the App or Website is governed by and subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. By accessing, using, and providing your information to or through the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Indemnification; Waiver; Release
- You agree to defend, indemnify, and hold harmless Homezena, its affiliates, agents, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement and its terms and conditions, your use or misuse of the App or Website, including, but not limited to, any use of the App’s or Website’s Content, services, products other than as expressly authorized in these terms and conditions, your use of any information obtained from the App or Website, your violation of state or federal securities laws or regulations, your violation of any other law or regulation, or your violation of any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Homezena or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the App or Website.
- You hereby WAIVE AND RELEASE Homezena and all others involved in facilitating, providing, making available, or sponsoring the App or the Website, and all others involved in providing equipment or services related to the App or Website, including Homezena’s predecessors and successors in interest; parent, subsidiary, or affiliated entities; assigns, agents, employees, officers, directors, owners, partners, members, investors, insurers, and shareholders (“Indemnified Parties”) from ANY CLAIMS asserted by anyone arising out of or in connection with any harm, injury, damages, or death you suffer; whether caused by NEGLIGENCE or any other cause, known or unknown.
- This WAIVER AND RELEASE covers any harm, injury, or loss sustained by you while using or attempting to use ANY SERVICE the Indemnified Parties provide, REGARDLESS OF LOCATION, and including but not limited to harm, injury, or loss sustained by you while visiting real estate owned by another or because of another visiting real estate you own.
- You EXPRESSLY ASSUME ALL RISKS ASSOCIATED with utilizing or attempting to utilize any service provided by the Indemnified Parties.
- Further, you agree that neither you, nor your estate, successors, heirs, or assigns WILL SUE the Indemnified Parties.
- Further, you agree that you and your estate, successors, heirs, and assigns WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS the Indemnified Parties if any claim or cause of action is pursued by anyone arising out of or in connection with any harm, injury, damages, or death that has any connection whatsoever with the App or Website.
- Further, you agree that you and your estate, successors, heirs, and assigns will reimburse the Indemnified Parties for any loss arising from such claim or cause of action.
- Notices; Disclaimers
- Our Services. Our services are limited to providing an independent electronic platform that enables communication and facilitation between real estate buyers and sellers. Homezena does not advertise or represent that it engages in the business of buying, selling, exchanging, or leasing real estate. Homezena does not do any of the following, for compensation or otherwise, whether as an employee of or on behalf of the owner, purchaser, lessor, or lessee of real estate:
- Sell, exchange, purchase, or lease real estate;
- Offer to sell, exchange, purchase, or lease real estate;
- Negotiate, offer, attempt to negotiate, or agree to negotiate the sale, exchange, purchase, or leasing of real estate;
- List, offer, attempt to list, or agree to list real estate for sale, lease, or exchange;
- Auction, offer, attempt to auction, or agree to auction real estate;
- Assist an auctioneer by procuring bids at a real estate auction;
- Buy, sell, offer to buy or sell, or otherwise deal in options on real estate;
- Assist or direct in the procuring of prospects calculated to result in the sale, exchange, or lease of real estate;
- Assist in or direct the negotiation of any transaction calculated or intended to result in the sale, exchange, or lease of real estate;
- Charge an advance listing fee;
- Provide a list of real estate as being available for sale or lease; unless lists provided are for the sole purpose of promoting the sale or lease of real estate wherein inquiries are directed to the owner or broker of the real estate, and not to unlicensed persons who publish the list.
- Our Services. Our services are limited to providing an independent electronic platform that enables communication and facilitation between real estate buyers and sellers. Homezena does not advertise or represent that it engages in the business of buying, selling, exchanging, or leasing real estate. Homezena does not do any of the following, for compensation or otherwise, whether as an employee of or on behalf of the owner, purchaser, lessor, or lessee of real estate:
Further, Homezena neither does nor attempts to do any of the following for compensation or other valuable consideration, or otherwise, whether on behalf of itself or on behalf of another:
- Sell, exchange, purchase, rent, or lease real estate;
- Offer to sell, exchange, purchase, rent, or lease real estate;
- Negotiate, offer, or agree to negotiate the sale, exchange, purchase, rental, or leasing of real estate;
- List, offer to list, or agree to list real estate for sale, exchange, rental, or lease;
- Buy, sell, offer to buy or sell, or otherwise deal in options on real estate or improvements thereon;
- Advertise or hold itself out as a licensed real estate broker;
- Assist or direct in the procuring of prospects, calculated to result in the sale, exchange, leasing, or rental of real estate;
- Assist or direct in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate;
- Charge advance fees to an unlicensed person in connection with a contract to promote the sale of real estate through a listing in a publication issued for such purpose intended to be circulated to the general public;
Homezena is not associated with real estate brokers, real estate salespersons, or other salespersons in connection with the sale, exchange, rental, or leasing of real estate.
- Other Sites. The App or Website may contain links to other sites. Homezena does not control such other sites, nor do we, our affiliates, or our agents make any representations whatsoever concerning the content, accuracy, security, or privacy of those sites. The fact that Homezena has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Homezena cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Homezena, its affiliates, or its agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
- Viruses, Destructive Code, and Other Harmful Components of Technology. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the App, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirement for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App and Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON EITHER, OR ANY WEBSITE LINKED TO EITHER. YOUR USE OF THE APP, THE WEBSITE, THE CONTENT OF EITHER, AND ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER IS AT YOUR OWN RISK. THE APP, THE WEBSITE, THE CONTENT OF EITHER, AND ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HOMEZENA NOR ANYONE ASSOCIATED WITH HOMEZENA REPRESENTS OR WARRANTS THAT THE APP, THE WEBSITE, THE CONTENT OF EITHER, OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP, WEBSITE, OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP, WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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- TO THE FULLEST EXTENT PROVIDED BY LAW, HOMEZENA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
- TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL HOMEZENA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, THE WEBSITE, OR ANY CONTENT ON EITHER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising between you and us including those that arise out of or are related to the use of the App OR WEBSITE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Governing Law; Jurisdiction; Venue
- This Agreement shall be governed by and construed in accordance with the laws of the state of Kansas. Any dispute between you and us shall be governed by the laws of the state of Kansas, without regard to principles of conflicts of law.
- You agree that any dispute regarding this Agreement shall be brought in the District Court of Johnson County, Kansas, where you agree to submit to jurisdiction and venue.
- Entire Agreement; Other
- This Agreement sets forth the entire agreement and understanding between you and us with respect to the App the Website, your use of the App, your use of the Website, our use of the App, and our use of the Website, and supersedes and replaces all prior or contemporaneous agreements, written or oral, regarding the App, the Website, your use of either, and our use of either.
- Each term and condition of this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clause. If one or more of the terms or conditions contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity, subject, or otherwise so as to be unenforceable at law, such term shall be construed by the appropriate judicial body so as to be enforceable to the maximum extent permitted by the applicable law as it then appears.
- Our failure to exercise or enforce any right or provision provided to us under the terms and conditions of this Agreement shall not constitute a waiver of any such right or provision. You agree that neither your subscription nor your account is non-transferable and all of your rights to your profile and contents within your account terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you may not make any representations or bind Homezena in any manner.
- Acceptance
The App and Website are provided upon the absolute condition of your full and complete acceptance of these terms and conditions in their entirety. You acknowledge that but for your full and complete acceptance of these terms, we would make neither the App nor the Website available to you. You acknowledge that by (i) clicking to submit information or initiating an action through the App, (ii) ) clicking to submit information or initiating an action through the Website, (iii) clicking to accept or agree to these terms and conditions, (iv) otherwise using or accessing the App, or (v) otherwise using or accessing the Website, in each situation where these terms and conditions are linked, you accept and agree to be bound and abide by these terms and conditions, which is a binding legal agreement between you and us regarding your use and all claims arising out of or related to both the App and Website to which these terms and conditions are linked. If you do not want to agree to the terms and conditions of this Agreement, you must not access or use the App or the Website.
- Term and Termination
- The term of this Agreement commences either (i) when you download and install the App, or (ii) when you acknowledge your acceptance of this Agreement via access or use of the App or Website, whichever occurs earlier. This Agreement will continue in effect until terminated by you or Homezena.
- You may terminate this Agreement as to the App only by deleting the App and all copies thereof from your Mobile Device, disabling your account, and ending your subscription. You may terminate this Agreement as to the Website only by disabling your account, if any, ending your subscription, if any, and by ceasing to access or use the Website.
- Homezena may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon Termination:
- All rights granted to you under this Agreement will also terminate; and
- You must cease all use of the App, delete all copies of the App from your Mobile Device, delete and disable your account, end your subscription, and refrain from accessing or using the Website.
- Miscellaneous
- User Accounts. You may be required to create a user account on the App or Website. By creating a user account, you represent all information provided by you is accurate and true. You, as the user, are responsible for maintaining your account information.
- Payment/Subscription. Use of the App may require payment or a subscription. Your payment/subscription to the App will continue indefinitely until canceled by you. You agree that your account will be subject to automatic renewal and whatever method of payment you provide will be charged on a recurring basis in the amount and at the frequency you have selected. By subscribing, you authorize us to charge your credit card, debit card, or other payment method at such time and again at the beginning of any subsequent subscription period, including any required or applicable sales or similar taxes imposed on your payments.
- In-App Purchase. We may offer in-App purchases, or purchases through our Website, including making items available for virtual purchase. Such virtual purchases are final and nonrefundable.
- We may provide you with notices, including legally binding notices and notices with regard to changes to the terms and conditions using any reasonable means permissible under applicable laws and regulations, including by email, regular mail, text message, SMS, MMS, or posting on our Website or in the App. You agree that if you are deemed to have received any notice that would have been delivered to you had you accessed the service, it shall serve as valid notice despite the fact you may have failed to access our service.
- Attorneys’ Fees. In an action where one party to this Agreement seeks to enforce its rights under this Agreement or seeks a declaration of the rights or obligations existing under this Agreement, the prevailing party shall be awarded its reasonable costs and expenses incurred, including attorneys’ fees.
- These terms and conditions are subject to being changed by us at any time in our sole discretion. Your use and purchase of our products or services regardless of whether you pay for the same, following any changes to these terms and conditions constitutes acceptance by you of the revised terms and conditions. If you do not accept the changes, you should stop using our service immediately.