TERMS OF SERVICE

DEFINITIONS

“Terms” refers to the latest version of these Terms of Service.

“Site” refers to the website of HomeGravy available at www.homegravy.com

“User/You” refers to any person, downloading, visiting, using or in any other way interacting with the Site or its respectful Materials regardless of the activities undertaken.

“We/Us” refers to HomeGravy and its affiliates.

“Professional” refers to the professionals who provide services to home and business owners.

“Privacy Policy” refers to our Privacy Policy governing our practice of collecting, using and storing information provided by the Users. This document is available at www.homegravy.com.

“Outside sources” refers to any application, website, natural or legal entity other than HomeGravy.

“Materials” refers to all images, text, audio and video data or any other information stored on the Siteor available through the Site.

“Service” refers to the functionality of the Site in regard to home improvement projects.

GENERAL PROVISIONS

These Terms govern the use of the Site, the Service and Materials. Terms apply to all Users regardless of the way, purpose or instruments used in accessing the Site or Materials. By accessing or using the Site, you confirm that you have read, understood and agreed to be bound by these Terms, our Privacy Policy, applicable laws, and regulations. The Terms together with Privacy Policy represent a legally binding agreement between you and HomeGravy. If you do not agree with any part or all of the Terms or the Privacy Policy, you are forbidden to use the Site and the Service. If you do not comply with the Terms, we reserve the right to cancel or terminate your access to the Site, or any part thereof, or to delete your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Site or Materials; (ii) distribute, transfer, sublicense, lease, lend or rent the Materials to any third party; or (iii) reverse engineer, decompile or disassemble the Site.

CONSENT

By using the Site, you are confirming that you are at least 13 years old. If you are younger than 13, you may not use the Site in any capacity. If the law in your country of residence prescribes an older age as a minimum limit for safe browsing and independent registration of personal information, you are confirming that you are at least at the age of prescribed limit. If you do not fulfill the requirement of minimum age, and you wish to use the Site or the Services, you are required to provide a verifiable written parental consent prior to using Site, Materials or Services.

By providing us your e-mail address, you agree to receive periodical emails from us. You can opt-out from receiving these e-mails at any time by following instructions provided in the e-mail.

CHANGING OUR TERMS

We reserve the right to update and change the Terms periodically without notifying the Users. The current version of Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes. Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.

SERVICES

Some of the Services provided are only available to registered Users. One User may have only one account, either as a end-user or a Professional. If You chose to access the Services, you agree to the following terms:

Users are able to register through their Facebook and Google Accounts to create a new account on the Site. Registered Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms on the Site. Registered Users agree to update their information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

Users are forbidden to misuse Services. A misuse constitutes any usage, access or interference with Site or Service contrary to Terms, Privacy Policy, applicable laws and regulations. We may suspend or stop providing a User with Service, or delete User’s account should we find or suspect that Services are being misused.

We may contact you using the available contact information provided by you, for any matters relating to the Site and Services. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the HomeGravy and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

Professionals

The Site hosts a database of Professionals for the purpose of helping Users find the right professionals for their home improvement job. Professionals are solely responsible for providing and updating their information. HomeGravy is not responsible for any issues resulting from incorrect, outdated or incomplete information on Professionals. The available information on Professionals may include, and is not limited to: (i) basic information about the business, (ii) examples of completed projects, (iii) picture gallery, (iv) Q&A section, (v) operating hours, (vi) social links, (vii) membership in associations, etc. If the User tags the Professional for the project they completed, the project will be listed under the Professionals profile together with any available feedback.

HomeGravy has a ranking system for Professionals, with the rank provided by an algorithm which constitutes a trade secret under the law. By accepting these Terms Professionals agree that ranking is not subject to objection, appeals, or challenging by the Professionals. HomeGravy does not guarantee any kind of business or other result coming from the rank score.

HomeGravy offers leads for Professionals. HomeGravy does not in any way guarantee results from the provided leads. Leads are provided through internal e-mail system and voice delivery system. Whenever User requests help for the project we will inform the Professional that the system selects as the best choice for each specific project. If the selected Professional does not respond or otherwise interact with the lead within 24 hours, HomeGravy will inform other Professionals about the project. Professionals are able to retrieve the leads directly on their dashboard on the Site. All leads are free of charge, however, HomeGravy reserves the right to change the cost of leads without prior notification. Professionals will be able to see the price of the lead prior to making the purchase. For support purposes to our end users and professionals listed on the site, HomeGravy offers an extensive knowledge base to assist with support issues.

USER GENERATED CONTENT

Users are able to post content on the site and to interact with the available content and other Users. Users agree not to post or transmit content which is illegal, obscene, threatening, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties. Some of the content provided by Users is subjected to prior approval by the content administrators. Although we do not constantly monitor content posted on the Site, we reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. Users are solely responsible for their own content and the consequences of making the content available to third-parties. If you post content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their chosen username on HomeGravy.

SITE CONTENT

All content on the Site, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of HomeGravy or used under appropriate license. Materials on the Site are available for fair use to Users. Users must reference the Site, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. Users must obtain our prior written permission in order to use Materials for commercial purposes.

Using our Services does not give Users ownership of any Materials which are either available through the Site, or resulting from the usage of the Site. Users grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, sublicenseand display the content provided by Users in connection with Services and/or the Site, including without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels.

We act as a repository of Materials. Any Material resulted from the usage of Services does not necessarily represent our views or opinion. We do not provide any warranty as to the accuracy of Materials, their content, or legal status. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

THIRD - PARTY CONTENT

We may provide Users with content from Outside Sources or links leading to Outside Sources. We are not responsible for the content provided by Outside Sources. Outside Sources are not under our control, and they may be governed by different terms of use and policies. We are not responsible for the availability, accuracy and site or appropriateness of content from Outside Sources. The Site includes Social Media Features in form of Widgets which function like a separate programs working within the Site. Your interaction with these Widgets is governed by policies of a third-party providing them.

PRIVACY

Please review our Privacy Policy to learn more about how we collect and use information about you via the Service.

GOVERNING LAWS

We are based in Las Vegas, Nevada and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Las Vegas, Nevada, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Las Vegas, Nevada will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

INDEMNITY

You agree to indemnify and hold harmless HomeGravy, its affiliates, directors, officers, shareholders and employees from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.

DISCLAIMER

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR DOWNLOADING OF THE CONTENT OR THROUGHYOUR DOWNLOADING OF THE MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL HOMEGRAVY OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.

BY LISTING INFORMATION ON PROFESSIONALS, WE DO NOT REPRESENT OR WARRANT THAT THE RANK WILL CORRESPOND WITH THE SERVICE LEVEL OF THE PROFESSIONAL, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM ENLISTING PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY AVAILABLE INFORMATION. YOU MUST PERFORM ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO INFORMATION.

PLEASE BE ADVISED: WE DO NOT CHECK IF THE INFORMATION PROVIDED BY THE PROFESSIONAL IS TRUE, ACCURATE OR COMPLETE. YOU ARE ENGAGING WITH THE PROFESSIONALS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY PHISICAL INJURY, HARM, FINANCIAL LOSS OR OTHER CONSEQUENCE OF YOUR USAGE OF THE SITE, SERVICES OR MATERIALS.

FINAL PROVISIONS

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the document.

CONTACT

If you have any questions, suggestions, or comments, you can address them to legalmatters@homegravy.com