End User License and Terms of Service
Effective Date: 08/14/2018
Last Updated Date: 12/19/2019
Thank you for subscribing to and using HōmStop app. This page contains the terms and conditions (“Terms and Conditions”) for HōmStop, Inc. By using HōmStop, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions.
- Description. The Service provides independent delivery carriers (“Delivery Carriers”) with a network through which Delivery Carriers can provide delivery services (each such delivery service is a “Project”). Any person who accesses and/or uses the Service to connect with a Delivery Carriers is a “Customer.” HōmStop does not provide professional services. HōmStop offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend, provide such services.
- Limitations. HŌMSTOP DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A DELIVERY, MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY PROFESSIONALS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. HŌMSTOP OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A DELIVERY, MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the HōmStop Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, or your access to, use or misuse of the HōmStop Content or Service. HōmStop will notify you of any such claim, suit, or proceeding. HōmStop reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HōmStop’s defense of such matter.
In using the Service, you agree not to:
- take any action that imposes an unreasonable load on the Service’s infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
- Except for distributions for business use to your employees or contractors in compliance with these Terms and Conditions, you may not distribute HōmStop or any services or software associated with or derived from it, modify, copy, license, or create derivative works from HōmStop, unless you obtain a HōmStop written permission in advance.
Protecting users’ privacy is very important to HōmStop. As a condition of using HōmStop, you agree to the terms of the HōmStop Privacy and Security Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by HōmStop may be stored and processed in the United States or any other country in which HōmStop Inc. or its agents maintain facilities.
You acknowledge that HōmStop own all right, title and interest in and to HōmStop, portions thereof, or software or content provided through or in conjunction with HōmStop, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from HōmStop, or to extract significant portions of HōmStop files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter HōmStop’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through HōmStop.
Changes to Terms of Service
HōmStop reserves the right to modify the contents of this Terms and Conditions from time to time in its sole discretion with a 30-day notice to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time.
Arbitration and governing Law