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.

The Service

  • 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.

Indemnification.

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.

Prohibited Actions

In using the Service, you agree not to:

      1. take any action that imposes an unreasonable load on the Service’s infrastructure;
      2. 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;
      3. 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.

Payments

You agreed and give HōmStop, Inc. permission to process your credit card on file after each successful delivery completion and you agree to notify HōmStop of any changes to your credit card such as expirations dates, credit card changes, etc. Unsuccessful processing of credit cards must be taken care of by the subscriber by providing HōmStop with other credit card account information for immediate processing. All late payments over 5 business days may result in suspension of account until account status is brought up to current status. You further agree to provide current, complete, accurate and updated payment information. If we do not receive payment for any Paid Services, you will be personally liable and responsible for paying all amounts due upon demand. You may cancel the Paid Services at any time by changing your Account Settings or terminating your account; however, you will not be eligible for a refund for any Paid Services that are terminated prior to the end of the commitment period. All Paid Services are subject to the Terms of Use and the Privacy Policy.

Information Practices

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.

Intellectual Property

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

These Terms of Use and any dispute between you and HōmStop shall be governed by the laws of the state of Minnesota without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration act.

By using the Site or Services in any way, you agree that any claim or controversy arising out of the use of the Site or Services or relating to an alleged breach of the Terms of Use shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator taking place in Austin, Texas. You agree to give up your right to go to court to assert or defend any claims between you and HōmStop and your right to participate in a class action or other class proceeding. Claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. Judgment on the arbitration award may be entered into any court having jurisdiction in Austin, Texas. You or HōmStop may seek any preliminary or interim relief from a court of competent jurisdiction in Austin, Texas that is necessary to protect the rights of property pending the completion of arbitration. Any proceeding required to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this agreement is held to be unenforceable, any litigation against HōmStop may be commenced only in federal or state courts located in Austin, Texas and you hereby irrevocably consent to the jurisdiction of those courts for such purposes.