Welcome to LEADPOINT, INC.'s ("LEADPOINT" or "we" or "us") website hosted at homekick.com ("Website" or "site"), the HOMEKICK mobile application (hereinafter "app" or "application") the HOMEKICK Facebook page or HOMEKICK's Twitter account, any other affiliate websites related to HOMEKICK (together, collectively the "Service").
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICE.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
Service Overview: HOMEKICK provides a venue that connects customers (hereafter "You", "Your", "User" or "Users") with service professionals (hereinafter "Professionals") to provide home-related services. HOMEKICK provides Professionals with a venue to advertise and sell their services on our Service. HOMEKICK also allows Users and Professionals to chat with one another through the application, post reviews and comments, and share photographs and videos of prospective projects and/or completed projects. HOMEKICK is not directly involved in or otherwise a party to any transactions that may take place between Users and Professionals. HOMEKICK has no control over the quality, safety, or legality of any aspect of Professional’s services or offerings or any claims made by Professionals about the services they offer, the truth or accuracy of warranties or pricing supplied by Professions to HOMEKICK, the ability of Professionals to provide the services offered or advertised, or the ability of Users to pay for Professional’s services. HOMEKICK does not conduct background checks regarding any Users or Professionals. HOMEKICK is not a broker, agent or insurer for any Users or Professionals. HOMEKICK makes no representations, warranties or guarantees regarding any content or information provided by Users or Professionals. We encourage you to communicate directly with potential transaction partners through the tools available through the HOMEKICK Services. All purchases made by Users from Professionals are made at each party’s own risk.
Content and Accuracy of Information: We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Service. We do not verify or pre-screen Professionals for information including, but not limited to, licensing, insurance coverage, criminal records, or civil suits.
Use of Website Content: All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services ("Materials" or "Content"), are provided either by HOMEKICK or by respective third party Professionals and are the copyrighted works of HOMEKICK and/or its Professionals (or is permitted/licensed to be used by Professionals), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of HOMEKICK and/or a Professional. Also, you may not "mirror" or "archive" any Materials contained on the Website on any other server without HOMEKICK’s prior express written permission.
Except where expressly provided otherwise by HOMEKICK, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of HOMEKICK’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Professionals have not been independently reviewed, verified, certified, or authenticated in whole or in part by HOMEKICK.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users’ and Professionals’ obligation to comply with all applicable state, federal and international laws. Users and Professionals are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users and Professionals agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
INFORMATION FOR USERS
INFORMATION FOR PROFESSIONALS
SUBSCRIPTION OPTION FOR PROFESSIONALS ONLY
HOMEKICK provides a monthly or annual premium subscription program whereby Professionals can subscribe to receive additional features that include [INSERT FEATURES]. To subscribe, you will need to enter your billing information and select a monthly or annual subscription. Please note by enrolling into the premium subscription program, you are agreeing to pay and authorize HOMEKICK to automatically charge your credit card the applicable fee shown on the subscription program offering page each month (or year if applicable) until you cancel. Premium subscriptions that are billed on a monthly basis must be canceled prior to the automatic recurring billing date in order to avoid being charged an additional monthly service fee. We will save your credit card information for use on all future purchases. All subscription charges are not refundable or prorated upon cancellation.
If you wish to cancel your premium subscription, you must contact HOMEKICK on our Service before the 10th day of each month in order to not be charged for that month using one of the following methods:
By Email at support@HomeKick.com between the hours of 7:30am PST to 5:00pm PST on Monday through Friday; or
By telephone at +27 (021) 914 1764 between the hours of 9:00am PST to 5:00pm PST on Monday through Friday
If you do not cancel on or before the 10th day of each month, you will incur a non-refundable subscription fee of $_______ on the 15th day of the month.
We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
Except where expressly provided otherwise by HOMEKICK, all comments, feedback, chats, messages, bids, and any other information and data submitted to HOMEKICK through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and HOMEKICK’s property. This may not include copyright ownership of images and videos which you may upload, but does include an express license to use said images and videos in any method HOMEKICK sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to HOMEKICK, you agree to assign to HOMEKICK, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant HOMEKICK these rights. HOMEKICK shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not HOMEKICK, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Users and Professionals will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, HOMEKICK reserves the right to cancel or suspend your account. Furthermore, HOMEKICK reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using HOMEKICK for improper purposes, or any purpose inconsistent with its business.
LINKS TO THIRD PARTY SITES
The website or application may contain links or have references to websites controlled by parties other than HOMEKICK. HOMEKICK is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. HOMEKICK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HOMEKICK of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by HOMEKICK. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOMEKICK EXCEED $1,000.00. IN NO EVENT SHALL HOMEKICK OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".
LICENSES FROM HOMEKICK
Users and Professionals are being granted solely a revocable, limited license, to access and use the Service in compliance with these Terms.
LICENSES FROM USERS
LICENSES FROM PROFESSIONALS
REPRESENTATIONS AND WARRANTIES
Each User or Professional represents and warrants that it has the power and authority to enter into these Terms. HOMEKICK warrants that it will provide the Service in a manner consistent with its business practices, as HOMEKICK, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HOMEKICK, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, HOMEKICK AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. HOMEKICK AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMEKICK AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER HOMEKICK NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. HOMEKICK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HOMEKICK, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. HOMEKICK EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
You shall defend and indemnify HOMEKICK and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against HOMEKICK or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. HOMEKICK shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service other than in accordance with these Terms; (b) the combination of the website, application, and/or the Service; or (c) any third party products, services, or materials.
Users and Professionals will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which HOMEKICK controls and operates the Service associated therewith. Furthermore, both Users and Professionals expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
HOMEKICK may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in HOMEKICK’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in HOMEKICK’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Furthermore, HOMEKICK complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to the HOMEKICK designated agent via email at info@HOMEKICK.com or via registered US mail sent return receipt to: DMCA Compliance Agent, Leadpoint, Inc., 2045 S. Barrington Avenue, Suite A, Los Angeles, CA 90025.
You may give notice to HOMEKICK at any time by letter sent by registered mail with return receipt to: Leadpoint, Inc., 2045 S. Barrington Avenue, Suite A, Los Angeles, CA 90025.
NO AGENT OR BROKER RELATIONSHIP
HOMEKICK’s Services are only administrative. While HOMEKICK facilitates the transaction between Users and Professionals, HOMEKICK is not directly involved in or otherwise a party to any transactions that may take place between Users and Professionals. HOMEKICK is not broker, agent, financial institution, creditor, insurer for any User or Professional. HOMEKICK has no control over the conduct of, or any information provided by Users or Professionals, and HOMEKICK hereby disclaims all liability in this regard.
HOMEKICK does not and cannot verify the information that any User or Professional provides on the Service. HOMEKICK assumes no responsibility to verify whether any services provided to any User are used in accordance with any applicable laws.
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with HOMEKICK or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
2045 S. Barrington Avenue, Suite A
Los Angeles, CA 90025
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here https://www.adr.org/sites/default/files/Commercial%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here http://www.lacourt.org/division/smallclaims/smallclaims.aspx However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
If you have any questions regarding these terms or wish to contact us for any matter:
Modify as needed
To the extent users will be able to post content via the app or website, we will need to register a designated DMCA agents with the US Copyright Office. If we have done so for other sites already, we can likely address via updated/amended designation – Let me know if you wish to discuss.
Confirm email address
Confirm email address