Terms of Use
Last Updated: July 31, 2024
Welcome to FactsCorp, LLC (DBA HouseFacts), a mobile platform (“mobile”) designed to assist homeowners by providing a comprehensive suite of tools for home management. These Terms of Use (“Terms”) govern your access to and use of the HouseFacts platform and any related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. HouseFacts expressly disclaims, and you expressly release HouseFacts from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
1. Acceptance of Terms
By creating an account, downloading, installing, or using our Service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, you must not use the Service.
2. Service Description
Company provides homeowners with information to improve the home, reduce expenses, and tools for property management, and maintenance scheduling. The Service is provided “as is” without warranties of any kind, with faults, either express or implied. Company does not guarantee that the Service will always be secure, error-free, or timely.
3. User Eligibility
The Service is intended for individuals who are at least 18 years old. By using the Service, you represent and warrant that you meet this age requirement.
4. User Conduct
You agree to use the Service only for lawful purposes and in compliance with these Terms. You will not use the Service to engage in any conduct that is harmful, fraudulent, deceptive, or offensive. Your use of the Services is subject to all applicable laws and regulations.
5. Collection and use of your information
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. Information we collect through or in connection with this Application is subject to our Privacy Policy: www.housefacts.app/privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You hereby grant Company the authority to login into your accounts (and view applicable data), solely for the purpose of diagnosing and resolving technical issues, providing customer support, and improving the user experience.
6. Intellectual Property Rights
All intellectual property rights in the Service, including but not limited to design, text, graphics, logos, and software, are the property of Company or its licensors. You are granted a non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms.
7. User Content
You may be able to submit content to the Service. You retain all rights in, and are solely responsible for, the user content you post to the Service. You grant Company a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content in connection with the Service.
- Types of Content: You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Company (collectively, “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and NOT Company, are entirely responsible for all Content that you upload.
- No Obligation to Pre-Screen Content:You acknowledge that Company has no obligation to pre-screen Content (including, but not limited to, User Content), although Company reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
8. No Unauthorized use of the site and/or services
The following are examples of actions that are prohibited, and you agree not to do any of the following:
- Conducting or promoting any illegal activities while using the Site or Services;
- Using the Site for commercial purposes;
- Interfering in any way with the proper functioning of the Site (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
- Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Site, our computer and/or telecommunication systems or data;
- Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Site’s content;
- Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for Milestones to protect its computer and/or telecommunications systems;
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
- Uploading, distributing or printing anything that may be harmful to minors;Mirroring or framing the Site, placing pop-up windows over its pages, or otherwise affecting the display of its pages; or
- Engaging in any other action in any way that is unlawful or harms Company
9. Data Protection
We take the protection of your personal information seriously. Our Privacy Policy, available on our website, describes how we collect, use, and protect your personal information.
10. Reservation of Rights
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
11. Third-Party Materials in the form of Add-on Services from Promoted Affiliated Partners.
- Third-party Affiliated Partners offering services on the Platform. Within the platform, Company may promote add-on services from one or more third-party companies (each a “Affiliate Partner”). If you choose to purchase add-on services from an Affiliate Partner, you will enter a separate agreement with that Affiliate Partner. Company may facilitate that agreement by accepting payment on behalf of the Affiliate Partner, and Company may assist you in setting up your account with the Affiliate Partner or obtaining services from the Affiliate Partner. Company’s actions to assist you in your interactions with the Affiliated Partner do not make Company a party to the transaction for add-on services between you and the AffiliatePartner.
- Limitation of liability for actions of an AffiliatePartner.When an Affiliate Partner interacts with a User, the Affiliated Partner is acting on the Affiliated Partner’s sole behalf and is not a representative or agent of Company. Company does not and cannot guarantee that Affiliated Partners are capable of or willing to provide the requested services at the time and place requested. You agree that Company is not responsible for the accessibility or unavailability of any Affiliated Partner or for your interactions and dealings with any Affiliated Partner, waive the right to bring or assert any claim against Company relating to any interactions or dealings with any Affiliated Partner, and release Company from any and all liability for or relating to any interactions or dealings with any Affiliated Partner. If you decide to use the Affiliated Partner’s services, you and the Affiliated Partner may enter into an agreement for the Affiliated Partner to perform services and the User to pay the Affiliated Partner for the services rendered. This agreement is solely between the User and the Affiliated Partner. Company is not a party to such agreement, even if the Company assists in collecting payment for the agreement with the Affiliated Partner, setting up your account with the Affiliated Partner, or obtaining services from the Affiliated Partner. Company is not and will not be a party or third-party beneficiary to any agreements entered into by and between you and Affiliated Partner. Accordingly, please consider carefully before you agree to an Affiliated Partner’s offered services.
- Disclaimer of guarantees or warranties for Affiliated Partners or their Service Providers. Although Company may take certain steps to examine the credentials of Affiliated Partners, Company makes no guarantees, promises, warranties, or representations of any kind regarding the skills, expertise, financial stability, quality, value, representations, or any other aspects of such Affiliated Partners or their services. An Affiliated Partner is solely responsible for any services that Affiliated Partner provides through third parties (“Affiliated Partner Service Providers”). Company has not performed any background checks on Affiliated Partner Service Providers and has not verified licensing, bonding, or insurance of Affiliated Partner Service Providers.
- Relationship between You, Company, Affiliated Partner, and Affiliated Partner Service Providers. Company, Affiliated Partner, and Affiliated Partner Service Providers are separate entities and the employee of one of those entities is not an employee of another entity. Company is not an agent of Affiliated Partner or Affiliated Partner Service Provider, and Affiliated Partner or Affiliated Partner Service Provider are not agents of Company. Company is also not Your agent. In no event will Company be considered an insurer, a contractor, a project manager, a joint employer, a joint venture, or partner of You, Affiliated Partner, any of Affiliated Partner’s affiliates, Affiliated Partner Service Providers, or their respective personnel.
12. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the content you submit or make available through this Application.
13. Price and Payment Terms
The software operates on a transaction-based pricing model. Users will be charged a fee for each transaction processed through the software. The fee structure is outlined on the website or a separate agreement (if applicable) and may vary based on the volume and type of transactions. Payments for transactions will be automatically deducted from the user’s designated payment method at the time of each transaction. All fees are non-refundable and are subject to change with prior notice. Users are responsible for ensuring that their payment information is up-to-date and that sufficient funds are available to cover the transaction fees. Failure to pay the transaction fees may result in suspension or termination of the user’s access to the software.
14. Limitation of Liability
To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use the Service; (b) any conduct or content of any third party on the Service.
15. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of American Arbitration Association,, except that you may assert claims in small claims court if your claims qualify.
16. Amendments to Terms
Company reserves the right to modify these Terms at any time. You will be notified of any changes through the Service or via email. By continuing to use the Service after changes are made, you agree to be bound by the revised Terms.
17. Termination
Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Delaware, for any actions or disputes arising out of or related to this Agreement. This choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph.
19. Contact Information
If you have any questions about these Terms, please contact us at [email protected]