Terms of Service
Last Updated: April. 30, 2020
This agreement (the "Agreement") is entered into by and between you ("you") and Homeorizon.com ("Homeorizon"), regarding your use of the web portal www.homeorizon.com (the "Service"). By submitting a question or comment to the Service, you are entering into this Agreement with Homeorizon and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the Services.
- Proper Use: You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You agree that you will not engage in any of the following activities in connection with your use of the Services:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- Use, display, mirror or frame a Homeorizon Site, or any component thereof, or Homeorizon’s trademark, logo or other proprietary information, without the written consent of Homeorizon.com, as applicable;
- Remove any copyright, trademark or other proprietary rights notices contained within the Homeorizon and any of their respective licensors;
- Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by Homeorizon, as applicable;
- Modify, sell, use, reproduce, edit, translate, publish, perform, display, post, transmit and distribute questions, comments or answers for any public or commercial purpose without the written permission of Homeorizon
- Attempt to circumvent any protective technological measure associated with the Services;
- Attempt to access or search any Homeorizon properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
- Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
- Impersonate or misrepresent your affiliation with another person or entity;
- Harvest or otherwise collect information about others, including email addresses;
- Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Homeorizon.
- Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, or any other personally identifiable information.
- Use the Services or any Homeorizon Content in any manner not permitted by these Terms.
- You agree that you will not use the Services to make available User Content that:
- you do not have the right to make available under any contractual or fiduciary agreement or law;
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is unlawful, defamatory, harassing, abusive, obscene, fraudulent, false, misleading, deceptive, or are otherwise objectionable.;
- constitutes an advertisement or solicitation of business; or
- contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
- Not Professional Advice: Information provided via the Services is not intended to substitute for informed professional, medical, heath care provider, other health personals, or other professional advice. If you submit a question or comment on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially to your individual factual circumstances or complaints surrounding a particular question or comment. Accordingly, if you desire or require specific professional advice, please consult a qualified certified physician or health care provider who is licensed in your state or country.
- Confidentiality: Use of Information: The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, Homeorizon shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. Homeorizon will not, however, publicly disclose your questions or comments in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by Homeorizon as provided).
- Payment Terms: Homeorizon will bill you in advance whenever you use any of the paid Services offered, including advertisements and promotional aspects. You shall pay Homeorizon a minimum, non-refundable fee as agreed upon, without any reduction or offset of any kind. You shall also pay any taxes imposed by governmental agencies of whatever kind and imposed with respect to all transactions under the Agreement, including penalties and interest (if any). When Homeorizon has the legal obligation to pay or collect such taxes, the appropriate amount shall be billed to and paid by you.
You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Homeorizon in collecting unpaid or delinquent amounts. All payments due are in Indian Rupees (INR) unless otherwise agreed by Homeorizon in writing.
- Refund Policy: You may request a refund for any Fee by submitting your request and the reason for your request to Homeorizon by the means and within the time limits specified in the then-current FAQ for the Service. All reasonable refund requests will be honored.
- Termination and Modification: Homeorizon reserves the right to refuse, discontinue, temporarily or permanently, Service (or any part thereof) to anyone at any time without notice and to remove objectionable or personally identifiable information from any comments or research questions in its use of such questions and/or comments for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.
- No Warranty: The information provided by Homeorizon pursuant to this Service is derived from various internet search engines or other public reference sources (the "Information") and is provided by Homeorizon to assist in your research. The Information has not been verified, however, Homeorizon represent that it is accurate, correct, complete, reliable, or otherwise valid. Homeorizon does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any question, comment or answer. Further Homeorizon does not endorse or support any opinion expressed in a question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS AND COMMENTS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING SUCH ITEMS. HOMEORIZON EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
- Limitation of Liability: In no event will Homeorizon, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Homeorizon under this agreement during the twelve (12) month period prior to the cause of action. Homeorizon shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Hold Harmless and Indemnity: You agree to hold harmless and indemnify Homeorizon, its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including but not limited to your violation of this Agreement.
- No Assignment: You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Homeorizon's prior written consent. Any such purported assignment or delegation by you without Homeorizon's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Homeorizon at its sole and absolute discretion.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
- Arbitration: Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Indian commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and un-appealable. The arbitration shall be conducted in Gorakhpur, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Homeorizon may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- Miscellaneous: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Homeorizon's failure to act with respect to a breach by you or others does not waive Homeorizon's right to act with respect to subsequent or similar breaches. The failure of Homeorizon to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the Indian laws. This Agreement constitutes the entire agreement between Homeorizon and you with respect to the subject matter hereof.