1. Definitions. The following Terms of Service (the "Terms") govern your access to and use of the HomePro Reviews mobile application, website, and related services (collectively, our "Service"). By accessing or using our any part of our Service, users ("User" or "You") are agreeing to these Terms and entering into a legally binding contract with HomePro Networks, LLC ("HomePro Reviews", "We", or "Our"). Do not access or use the Service if you are unwilling or unable to be bound by these Terms.
2. Grant of License. HomePro Reviews hereby grants the User a limited, non-exclusive, non-transferable, revocable license ("License") to use the Service, solely for the User's own internal business purposes. All rights not expressly granted to the User within these Terms are reserved by HomePro Reviews. The User agrees not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the content provided by us; (ii) attempt to decompile, modify, make derivative works, reverse engineer or access the Service in order to build a competitive service; (iii) use any data mining, robots or similar data gathering or extraction methods to collect data from HomePro Review's Service.
3. Changes to the Terms. From time to time we may modify the Terms. When such changes occur, we will notify you by making the revised version available on our Service. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modification.
5. Your content on our Service. For content posted or otherwise provided in connection with the Service, you grant HomePro Reviews an irrevocable, perpetual, royalty-free, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate this content in connection with the Service. Additionally, we reserve the right to submit your business information and customer ratings & reviews to search engines, indexes, and other websites. It is entirely up to these third party sites to accept submissions, and we make no warranty as to such sites' willingness to do so.
HomePro Reviews takes no responsibility and assumes no liability for any content, including but not limited to any information, text, image, photo, audio, video, link, data, file, or other material that is inputted, posted, stored, submitted, or uploaded by a User, a User's customers or prospects, or any third party (e.g. a reviewer) who accesses to any part of our Service. Users are solely responsible for their own content, and once published, we make no guarantees that it can be withdrawn or deleted. You assume all risks associated with such content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you related to this information. Likewise, we are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, pornography or profanity made by a User, a User's customers or prospects, or any third party who accesses our Service. While we have no obligation to edit, monitor, or filter any of the content posted to or distributed through the Service, HomePro Reviews reserves the right to remove, filter or edit without notice any content posted or stored on the Service at any time and for any reason.
6. Restricted Content. HomePro Reviews reserves the right, but not the obligation, to refuse to post or to remove any content (e.g. customer reviews) if, in its sole discretion, we determine that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: profanities, harassment, vulgarities, sexually explicit language, and racist, hate, or discriminatory speech; (b) references to illegal activity; (c) reviews that do not address the services the business provided or no qualitative value regarding the work performed; (d) language that violates standards of good taste or the standards of this Service; (e) remarks pertaining to a different business; (f) statements that are or appear to be illegitimate or false; (g) comments that criticizing HomePro Reviews.
7. Membership Fees, Upgrading and Downgrading. Some features of our Service may only be accessed and used upon payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current membership pricing. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use all of the features of the Service for a period of thirty (30) days (“Free Trial Period”). NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Any upgrade or downgrade in your Service use will result in the new Fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your User Account. HomePro Reviews does not accept any liability for such loss. You are solely responsible for properly downgrading or canceling your User Account. An email or phone request to downgrade or cancel your User Account is not permitted. You can downgrade your User Account at any time by logging into our Website (HomeProReviews.com), clicking on the Account Settings menu tab and then Membership Info. If you downgrade your User Account before the end of your current paid up month, your downgrade will take effect at the end of your monthly billing cycle. Please note that we do not provide refunds for unused time in the last billing cycle.
8. Ownership of Intellectual Property Rights. Except for the limited rights granted to you in these Terms, you acknowledge and agree that HomePro Reviews owns all legal right, title, and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is either hosted on our servers or deployed by you or a third party, and all intellectual property rights therein (whether registered or not and wherever existing in the world).
All service names, taglines, and logos displayed on the Service are either registered and/or common law trademarks of HomePro Reviews or its suppliers or licensors, and except as provided herein, shall not be copied, imitated or used, in whole or in part, without the prior written permission of HomePro Reviews or the applicable trademark holder. Furthermore, the look and feel of the Service are the service marks, trademarks and/or trade dress of HomePro Reviews and, accept as provided herein, shall not be copied, imitated or used, in whole or in part, without the prior written permission of HomePro Reviews. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners.
9. Indemnity. You agree to indemnify, defend, and hold HomePro Reviews (including its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HomePro Reviews.
10.. Disclaimer and Limitations of Liability. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. IN NO EVENT SHALL HOME PRO REVIEWS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS OR AFFILIATES BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, UNFORESEEABLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (II) ANY DAMAGES FOR REPUTATIONAL HARM, LOSS OF EARNINGS, OR LOSS OF BUSINESS OPPORTUNITIES, EVEN IF HOME PRO REVIEWS HAS BEEN ADVISED OR WARNED BY USER OF THE POSSIBILITY OF SUCH DAMAGES; (III) COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; (IV) LOSS OF DATA OR OTHER USER CONTENT RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, SECURITY BREACHES TO, SERVICE INTERRUPTIONS TO, OR ERRORS OR OMISSIONS RESPECTING THE SERVICE OR THE OPERATION OF HOME PRO REVIEWS; OR (V) LOSSES OR LIABILITIES DUE IN WHOLE OR IN PART TO INADVERTENT, PREMATURE OR UNAUTHORIZED RELEASE OR DISCLOSURE OF INFORMATION BY USER VIA HOME PRO REVIEWS. THE TOTAL CUMULATIVE LIABILITY OF HOME PRO REVIEWS TOGETHER WITH ITS SUBSIDIARIES, OFFICES, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS AND AFFILIATES TO USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE IS LIMITED TO THE AMOUNT OF SERVICE FEES USER PAYS TO HOME PRO REVIEWS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
11. Termination. You may terminate your use of the Service at any time, for any or no reason. At such time, your use of all aspects of the Service will terminate simultaneously. Notwithstanding any provision of these Terms, HomePro Reviews reserves the right, in its sole discretion, and without any notice or liability to you, to terminate your License to use the Service, and block or suspend your future access to and use of all or any portion of the Service. You understand and acknowledge that, unless and until the Service is removed (or uninstalled) from your servers, your website, your browser, and your mobile device that these Terms remain in effect. We may also suspend our Service to you at any time, with or without cause. If we terminate your User Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your User Account for cause, including (without limitation) for a violation of these Terms of Service. Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account, including but not limited to your customers’ ratings and reviews.
12. Miscellaneous. (a) We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability; (b) We may provide you with notices, including those regarding changes to the Terms by email, text, regular mail or communications through the Service; (c) Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party; (d) Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder; (e) If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable; (f) The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void; (g) The section titles in the Terms are for your convenience only and have no legal or contractual effect.