San Diego Home Service
User Terms & Conditions |
Last modified: June 20, 2012
Welcome to SanDiegoHomeService, a platform owned and operated by InvestingHouse, Inc. SanDiegoHomeService provides its users access to the www.SanDiegoHomeService.com platform and all software, services, tools and resources associated with the platform. PLEASE READ THESE TERMS& CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OR THIS WEBSITE.
These Terms are a legally binding contract between you, the user (“you”) and SanDiegoHomeService (“SDHS”, “we”, “our” and “us”).A "user" is someone who accesses, browses, crawls, consumes, accesses, scrapes, or in any way uses the Websitewww.SanDiegoHomeService.com. SDHS provides the Services (as defined below) to you, subject to and conditioned upon your acceptance of these Terms.
BY ACCESSING AND/OR USING THE SERVICES OR WEBSITE IN ANY WAY OR FORM, YOU AGREE TO BE BOUND BY THESE TERMS& CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMINATION PROVISIONS BELOW AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS WEBSITE AND EXIT NOW.
SDHS may update and change any or all of these Terms associated with the access and use of the Services. If we update or revise these Terms, wemay post the updated Terms on www.SanDiegoHomeService.com in a timely manner. The updated Terms will become effective immediately. When we change these Terms, we may modify the "Last Modified" date, which is listed above. We urgeyou to review these Terms periodically. |
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| User Terms & Conditions |
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| Description of the Services |
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SDHS provides users access to search and interact with published “Digital Spaces”; which are a dedicated, feature rich collection of tools, services, resources and software.You understand and agree that the Services may include certain communications from SDHS or its agents or partners, such as service announcements, administrative messages and You can opt out anytime.
Unless clearly stated otherwise, any new features that augments or enhances the current Services, including the release of new SDHS websites, new features, social media pages, plugins, apps, tools, etc., shall be subject to these Terms. |
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| Use of Services |
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You can access the SDHS Websitewithout registering or subscribing to the Services. By accessing the Websiteyouacknowledge and warrant thatyou are at least 18 years old and have the authority to enter into these Terms.By accessing the Website and using the Services, you acknowledge receipt of, and signify your agreement to, the SDHS Privacy Policy, which can be found at www.SanDiegoHomeService.com .
Membership in or use of the Services is void where prohibited. By accessing and/or viewing this Website, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.
If you wish to engage in communications or purchase services from the SDHS Subscribers, You agree that you are responsible for screening, hiring and paying the SDHS Subscribers directly and that SDHS is not responsible or liable for any such interactions or agreements made between You and the SDHS Subscribers. If you communicate or engage in services or products provided by SDHS Subscribers, Digital Spaces or businesses publishing on SDHS (collectively the “Subscribers”), you understand and warrant that the engagement is strictly between You and the Subscriber and does not involve SDHS in any way. SDHS holds no liability or responsibility for interactions and/or exchanges between You and the SDHS Subscribers. Also, You are solely responsible for your interaction with other users of the website. |
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| Content |
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3.1 Content
“Content” means information, text, data, messages, software, sound, music, video, photos, graphics, images, tags and all other forms of data or communication. “Your Content” means Content that You submit or transmit to, through, or in connection with the website, social media pages, plug-ins, widgets, etc such as ratings, social posts, reviews, messages, contact forms and other information submitted by you to the SDHS website. “Subscriber Content” means Content that the Subscribersubmits or transmits to, through, or in connection with website, social media pages, plug-ins, widgets, etc, including contact information, articles, how-to’s, photos, videos, social posts, or any other information displayed on the SDHS website.
3.2 Ownership
The website and Services are based upon proprietary SDHS technologies and includes all types of Content listed in Section 3.1. The Content is protected by applicable intellectual property and other laws, including but not limiting to pending patents, patents, trademark, copyright and any other applicable laws. All Content and all intellectual property belongs to and is the sole property of SDHS or its licensors (if any). Without limiting the preceding sentence, SDHS owns and retains all copyrights in the individual web pages, components of web pages, and collective works available through the Services including Content, Subscriber Content and Your Content (collectively “Site Content”). The Site Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorized in writing by SDHS.
3.3 Responsibility for your content
You are legally responsible for Your Content. You represent that you own or have the necessary permissions to use and authorize the use of Your Content. All of Your Content must be original and unique, not copied or plagiarized from any other website, platform or online medium as that is considered “Duplicate Content”. All trademark, copyright or other legally binding ownership of Your Content must be the sole property of you and if not, you must have written confirmation that you may use and distribute content not owned by you.
3.4 Our Right to Use Your Content
SDHS does claim ownership of the materials you provide (including suggestions, feedback, and not limiting to all Content and information relating to the Services as provided above) or post, upload, input or submit through the Services including Site Content (collectively "Submissions") or works specifically created by SDHS for you. By posting, uploading, inputting, providing or submitting your Submissions you are granting to us, our affiliated companies, and our sub licensees, permission to use your Submissions in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion even if you are no longer subscribing to the Services.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you do not own or otherwise control any of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree that we can use your company name, contact information, deals, logos and any other applicable information in connection with marketing and promoting the Services. |
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| Use and Limitations of Use |
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SDHS grants you a personal, non-exclusive and non-transferable right and license to use the Services that correspond to the subscription you have purchased, on these Terms.
Your license to use the Services is conditioned upon your representations and warranties that |
- You will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
- You will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way, or;
- You will not "frame" or "mirror" any of its content in any other server or wireless or Internet-based device
- You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the SDHS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- You will not use the Services in any manner that could damage, disable, overburden, or impair any SDHS website or interfere with any other party's use and enjoyment of the Services;
- You will not access Website by any means other than through the interface that is provided by SDHS for use in accessing the Services;
- You will not submit Site Content or any other form of Content that has already been posted on the World Wide Web. All content must be original and unique;
- You will not obtain or attempt to obtain any materials or information through any means that SDHS has not intentionally made available or provided; and
- You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
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| Any unauthorized use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with SDHS to prevent any unauthorized copying of the Services or Content. |
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| Termination |
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| Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by SDHS, we may suspend and/or terminateyour access to any portion of the Services and Website. Any such termination or suspension shall be in SDHS’s sole discretion and may occur without prior notice, or any notice. SDHS further reserves the right to terminate or suspend any user's access to the Services or to any portion of the Services or website in response to any conduct or activity that SDHS, in its sole discretion, believes is or may be directly or indirectly harmful to other users (including but not limited to distributed denial of service (DDoS) or other attacks directed at Subscriber’s website), to SDHS or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. SDHS further reserves the right to terminate or suspend any user's access to the Services, or to terminate the Services in their entirety, for any reason or for no reason at all, in SDHS’s sole discretion and without prior notice. |
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| Use of Communications Services |
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| The Services may include bulletin board services, support forums, testimonials, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the particular Communication Service, as determined by SDHS in its sole discretion. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not |
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another user's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
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We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We do not control or endorse the content, messages or information found in any Communication Service and, therefore, SDHS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. |
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| Links to Third Party Sites |
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| The Services may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators. |
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| Disclaimers and Limitations of Liability |
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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES.
SDHS AND/OR OUR LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SDHS AND/OR OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SDHS AND/OR OUR LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SDHS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND SECURITY OF THE INFORMATION THAT YOU PROVIDE TO US OR THAT YOU COLLECT OR SUBMIT WHILE USING THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL& WEBFORMS) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. MOREOVER, BECAUSE NO SYSTEM CAN BE 100% SECURE, WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY OF THE SERVICES. IN NO EVENT WILL WE BE LIABLE IN ANY WAY IF INFORMATION THAT YOU PROVIDE TO US OR COLLECT THROUGH THE SERVICES IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR AUTHORIZATION OR CONSENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SDHS AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SDHS OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF SDHS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND EXIT THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SDHS WOULD NOT PROVIDE THE SERVICES TO YOU.
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| Indemnification |
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You agree to indemnify and hold SDHS (and its officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of (a) your use of the Services; (b) your noncompliance with or breach of any of these Terms, or (c) the unauthorized use of the Services by any other person using your user information. At SDHS’s option, you shall assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, SDHS may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without SDHS’s prior written consent).
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| General |
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To the maximum extent permitted by law, these Terms are governed by the laws of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Diego, California, U.S.A. in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
SDHS’s provision of the Services is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications, terms, agreements and proposals, whether electronic, oral or written, between you and SDHS with respect to the Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability due to conditions beyond our control including but not limited to acts of God, government restrictions and/or any other cause.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
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| Notice of Copyright & Trademark Claims |
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All materials on the service including the Content are owned and copyrighted or licensed by SDHS, which retains ownership of all right, title and interest in and to the Content including, without limitation, the copyrights, trademark rights, service mark rights and all other intellectual property therein. All rights reserved. No reproduction, distribution, or transmission of the Service and/or Content is permitted without the written permission of SDHS. Any rights not expressly granted herein are reserved.
You agree not to use any trademarks, service marks, names, logos or other identifiers of SDHS or its employees, licensors, independent contractors, providers and affiliates (collectively “Affiliates”) without the express prior permission of SDHS or its relevant Affiliate. In addition, you may not use SDHS trademarks: |
| Any notifications of claimed copyright infringement should be sent to info@sandiegohomerservice.com. |
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| Notices |
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| The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the Services, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign. |
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| Support |
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| You may contact support by emailing support@sandiegohomeservice.com |
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