Terms and Conditions
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Refunds - Details on the refund process is below but we have a 100% guarantee, no questions asked when notified WITHIN 72 Hours of sign up for any of our training products. Due to the informational nature of our product, we cannot refund after that time period because 72 hours is MORE than enough access.
The photos on HomeStagingResource.com® cannot be used in any commercial/personal application whatsoever, such as a web site or in print. © Copyright - All photographs are the intellectual property of the Home Staging Resource, Inc. and are protected under the copyright laws of the United States and International Copyright laws. NO member or non-member has permission to use any of our images outside of our own Marketing Solution Package. Anyone who violates this will be subject to legal action or their membership will be terminated immediately without refund.
1. Acceptance of Terms
The Services are offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Home Staging Resource to update or revise certain provisions of the Agreement. By signing up for any Home Staging Resource Service and accepting this Agreement, Member agrees that Home Staging Resource may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Home Staging Resource, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Home Staging Resource Service ("Member Personal Site Subscription"). Notwithstanding the foregoing, Home Staging Resource reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
2. Intellectual property; limited license to users Copyright and Trademark Notice
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of the Home Staging Resource or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of the Home Staging Resource or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of the Home Staging Resource is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for the small business, personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
Intellectual Property Matters
- The Supplier acknowledges that HSR prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
- By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content. In addition, unless the Content is identified as "for editorial use" in the manner and form prescribed by HSR,to the extent that the Content contains images of people or persons, you represent and warrant that you have obtained a valid and binding releases/permissions from all required parties. Where the Content is identified as "for editorial use" the Supplier represents and warrants that the Content has not been manipulated, modified or processed in any manner that might distort the contextual integrity of the Content. For greater clarity, cropping and brightness/contrast corrections are permissible where the integrity of the Content has not been distorted.
- The Supplier agrees that neither HSR nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Content.
3. Use of Services
In addition to the Materials and Services offered by Home Staging Resource, this Site also may make available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. Home Staging Resource offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by Home Staging Resource. You agree that you will not hold Home Staging Resource responsible or liable with respect to the Third-Party Services or seek to do so.
Images on the the Home Staging Resource site are the exclusive property of the Home Staging Resource. They may not be taken or used for any reason by members or non-members. The Home Staging Resource does allow photo gallery images to be used as "examples" ONLY in the DIY Manual.
Member shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or by any local, state, federal or international law. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member Web sites ("Member Web Sites") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Services or Home Staging Resource's operation of the Services. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of Home Staging Resource, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to criminal and/or civil prosecution.
4. Charges and Billing
Home Staging Resource reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Home Staging Resource Web Site. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to register, Member hereby authorizes Home Staging Resource to charge Member's valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and/or Member's Personal Site Subscription. Member's Service and Personal Site Subscription will automatically renew at the end of each subscription period, unless the Service or Member Personal Site Subscription is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Member Personal Site Subscription, these fees will be billed automatically to the Member's designated valid and current credit or debit card at the start of each renewal period, unless Member terminates the Service before the relevant period begins. If Member registered for the Service using a Home Staging Resource promotional code or discount, after the initial promotional period expires, Member's subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. Member further acknowledges that it is Member's responsibility to notify Home Staging Resource of any changes to Member's credit card and to update Member's credit card number if Member's credit card has expired, otherwise, Member's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. Home Staging Resource shall consider ownership of a Personal Site Subscription and its constituent site(s) to be the identity of the registered user.
Home Staging Resource reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which Home Staging Resource does not currently charge a fee) at any time, provided, however, that Home Staging Resource will provide Member with reasonable notice prior to making any fee changes. In addition, Home Staging Resource will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Personal Site(s). If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Personal Site Subscription at any time, but Home Staging Resource will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Personal Site Subscription.
Member agrees to pay Member's Personal Site Subscription Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that Home Staging Resource may incur in its efforts to collect any remaining balances due from Member. This Section 5 shall in no way limit any other remedies available to Home Staging Resource. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Personal Site Subscription or Member's Subscription is terminated due to Member's breach of this Agreement. Member must notify Home Staging Resource of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify Home Staging Resource within sixty (60) days, Member waives any right to dispute such problems or discrepancies.
5. Termination/Cancellation/Refund of Member Account
Either Member or Home Staging Resource may terminate or cancel Member's Account (or any part of the Service) at any time. Upon termination or cancellation there shall be no refund of any pre-paid fees due to the "Informational" nature of the materials. Member has 72 hours to cancel account for a full refund. If the member does not cancel the account within 72 hours of signing up, NO REFUND will be issued due to the informational nature of the materials they have paid for. Member may cancel your Member Subscription within the 72 hour sign up period by emailing Home Staging Resource at firstname.lastname@example.org.
Member must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Service that Member would like to cancel
b. Member's username and password
c. Member's email address
d. Member's billing information, including the credit card number Member used when purchasing the Service
e. Member's reason for canceling the Service
f. Member's Home Staging Resource Personal Site Address
Home Staging Resource may terminate Member's Subscription if Home Staging Resource determines, in Home Staging Resource's sole discretion, to discontinue offering the Service. Additionally, Home Staging Resource, in its sole discretion, may terminate Member's Personal Site, Member's Subscription or Member's use of the Subscription for any reason with or without cause, including, without limitation, (i) if Member breaches this Agreement, (ii) if Home Staging Resource is unable to verify or authenticate any information that Member provides to Home Staging Resource, or (iii) if Home Staging Resource believes that Member has violated or acted inconsistently with the spirit of this Agreement. If Home Staging Resource terminates Member's Subscription pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Home Staging Resource shall not be required to refund, redeem, or pay amounts to Member upon such termination.
Upon termination of Member's Subscription for any reason, Home Staging Resource reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, or other information in connection with Member's Subscription; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall Home Staging Resource be required to refund, redeem, or pay amounts to Member upon termination of Service or return any Member Content.
6. Support Services
Home Staging Resource offers online support services via the contact us link on the Home Staging Resource.com home page.
Members in good standing as well as visitors may submit an unlimited amount of support related questions through Home Staging Resource's online customer support, available on the Home Staging Resource website. Home Staging Resource Support related issues can be sent to support@HomeStagingResource.com. Response will be provided within 24 hours.
In order for Member to participate in the Service, Home Staging Resource will require Member to provide specific information about Member. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at all times. Member shall be responsible for maintaining the confidentiality of Member's Subscription and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation friends, family members or former affiliations, and shall indemnify Home Staging Resource for such actions as set forth in Section 21.
8. Member Account Limitations
Member hereby acknowledges that Home Staging Resource may, from time to time, establish general practices and limits concerning the use of the Service, including but not limited to:
(a) the maximum number of days that, forum entries, journal entries, contact manager entries or event calendar entries or other content posted on the Member Web Site will be retained by Home Staging Resource;
(b) maximum limits on bandwidth usage that will be allotted to Member;
(c) maximum limits on storage space;
(d) maximum number of photographs or other data according to the type of Member Account; and
(e) maximum time limitations for the retention of Member Content following a Free Trial Period or account cancellation.
Any of the foregoing use limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that Home Staging Resource has no responsibility or liability for the deletion or failure to retain any content maintained or transmitted by the Service. Member further acknowledges and agrees that Home Staging Resource reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Home Staging Resource or other third parties. You are not permitted to use the Marks without the prior written consent of Home Staging Resource or such third party that may own the Marks. Home Staging Resource and the Home Staging Resource logo are trademarks of Home Staging Resource, LLC.
10. License to Home Staging Resource for Member Content
Home Staging Resource does not claim ownership of the Member Content that Member provides to Home Staging Resource and/or place on the Member Site. However, Member grants Home Staging Resource a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Home Staging Resource's promotional or advertising materials, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to Home Staging Resource's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so. Member will defend and indemnify Home Staging Resource and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
11. Prohibited communications
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, laws against terrorist activities, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site, criminal and/or civil prosecution.
12. Member conduct
Member's right to use the Services is personal to Member. Member, and not Home Staging Resource, is entirely responsible for all information, data, text, photographs, messages or other materials ("Member Content") posted by Member via the Service. Member, and not Home Staging Resource, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law.
Home Staging Resource does not control and is not required to monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Home Staging Resource reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any materials in its sole discretion, without notice, at any time. Home Staging Resource also reserves the right to disclose any Member or non-Member information or materials as may be necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part from the Member Content in Home Staging Resource's sole discretion. With respect to the content of Member Web Site Member agrees not to:
(a) post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others including, but not limited to consumers;
(b) post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously and/or ethnically objectionable;
(c) post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) post upload or otherwise transmit any content, such that such posting, uploading or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
(e) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts or others, or attempt to penetrate security measures of Home Staging Resource, its vendors or suppliers or other persons' or entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
(f) post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Home Staging Resource's infrastructure that exceed the limits provided by the Service for which Member registered;
(g) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam", "chain letters," pyramid schemes," or any other form of solicitation;
(h) interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the new York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(l) sell, distribute, disseminate or link to any sites for marketing, sales, distribution of firearms, explosives, ammunition, liquor, tobacco products and any other products or services that Member cannot legally sell or which are misrepresented;
(m) post or disclose any personal or private information or images about children to any third party without their consent (or a parent's consent in the case of a minor); and
(n) post, upload or otherwise transmit any materials or information intended to or having the effect of, violating any local, state, federal or international anti-terrorist laws or regulations.
(o) post, upload or otherwise transmit any materials that are not home staging and redesign related. Particularly, the use of posting a website on the HSR directory as it must be related to home staging, redesign or decorating.
13. Managing content and communications
Home Staging Resource may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post Member Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any Member Content.
To the maximum extent permitted by law, Home Staging Resource will have no liability related to Member Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Home Staging Resource also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Member Content.
14. Content Submitted to Home Staging Resource
The Service may include public venues such as Email Us and Guest Book areas designed to enable Members to disseminate and exchange thoughts and opinions to and with Home Staging Resource, other users and/or the public. Home Staging Resource is under no obligation but reserves the right to monitor, pre-screen or remove any content stored on its servers. Home Staging Resource makes no warranties or representations and shall not be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts, materials, information and/or opinions. Member acknowledges that Member should use caution when posting any personally identifying information about Member or Member's family, friends or affiliations on the Service, the Member Site any public forum or any other user sites.
Without limiting the Limitations of Liability contained herein in Section 21, neither Home Staging Resource nor its suppliers shall be responsible for the loss of any of Member's data and/or Member Content. Member is responsible for backing-up Member's data and information, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's original data is maintained in a secure manner.
15. Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether or not actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
16. WARRANTIES AND DISCLAIMERS AND REFUNDS
Due to the online nature of our training program, Home Staging Resource does not offer refunds.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HOME STAGING RESOURCE OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOME STAGING RESOURCE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED. MEMBERSHIP IS FOR A YEAR WHICH PROVIDES PLENTY OF TIME FOR MEMBERS TO DOWNLOAD AND ACCESS THE MATERIALS. THE MEMBER CAN RENEW THEIR MEMBERSHIP TO GET CONTINUED ACCESS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. HOME STAGING RESOURCE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND HOME STAGING RESOURCE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HOME STAGING RESOURCE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY MEMBERS AND/OR THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HOME STAGING RESOURCE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) HOME STAGING RESOURCE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
IN THOSE STATES OR JURISDICTIONS BARRING THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
17. International users
This Site can be accessed from countries around the world and may contain references to Home Staging Resource products, services, and programs that are not available in your country. These references do not imply that Home Staging Resource intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by Home Staging Resource from its offices within the United States of America. Home Staging Resource makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws..
18. Personal information and privacy
19. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HOME STAGING RESOURCE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(A) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
(B) ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM:
a. LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HOME STAGING RESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
b. ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS,
c. THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE,
d. ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES,
e. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
f. ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
g. ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT,
h. ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED; OR
i. ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL HOME STAGING RESOURCE'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO HOME STAGING RESOURCE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
In no event shall the Home Staging Resource be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if the Home Staging Resource has been advised of the possibility of such damages. The Home Staging Resource total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
20. Home Staging Resource Forums
21. Indemnity and liability
You agree to indemnify, defend and hold HSR, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "HSR Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any HSR Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.
22. Governing law and jurisdiction
This Site (excluding linked sites) is controlled by Home Staging Resource from its offices within the state of California, United States of America. By accessing this Site, you and Home Staging Resource agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Home Staging Resource also agree and hereby submit to the exclusive personal jurisdiction and venue of the Second Judicial District Court of California and the United States District Court for the District of California with respect to such matters.
Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Member shall be solely responsible for updating the account's registered email and postal address. Home Staging Resource shall not be responsible for any undelivered notices caused by Member's failure to update the account information. Home Staging Resource may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Home Staging Resource Web Site. Member should refer to the Member Support page of the Service for information on how to contact and/or provide notice to Home Staging Resource.
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Home Staging Resource must be filed within one (1) year of the time such claim arose, regardless of any law statute of limitations or statute of repose to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Home Staging Resource may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary; or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
A printed version of this Agreement 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.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Home Staging Resource's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Home Staging Resource, and any such attempted assignment shall be void. Home Staging Resource shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Home Staging Resource and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. No party is an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
27. Information for California Residents
Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
Current rates for using the Service may be obtained by going to the pricing schedule on the Home Staging Resource Web site. Home Staging Resource reserves the right to change any fees, surcharges, and/or monthly Member fees or to institute new fees at any time.
28. Independent Review
MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
29. Anti-Spam Policy. Home Staging Resource, LLC. strictly prohibits the sending of unsolicited, commercial sales bulk email (spam). Spam is defined for this purpose as sending ten or more commercial, sales messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Home Staging Resource, LLC. also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Home Staging Resource, LLC., and/or its products and services. Home Staging Resource, LLC. prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING HOME STAGING RESOURCE, LLC.'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAKE TAKE APPROPRIATE ACTION.
30. DISCLAIMER. HOME STAGING RESOURCE, LLC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO HOME STAGING RESOURCE, LLC.'S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE MYHOME STAGING RESOURCE, LLC..COM PROGRAM OR THE HOME STAGING RESOURCE, LLC. OPPORTUNITY (COLLECTIVELY HEREAFTER, "SERVICE").
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY HOME STAGING RESOURCE, LLC. GRADUATE PROFESSIONAL HOME STAGERS DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS.
Home Staging Resource, Inc. welcomes your questions or comments regarding the Disclaimer:
Home Staging Resource, Inc.
770 Rancho Santa Fe Rd #11, Encinitas, CA, 92024, USA
Email Address: email@example.com
Effective as of Jan 2, 2018