Terms & Conditions
TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this site!
Home Maintenance Genie LLC or HomeMaintenanceGenie.com (collectively "Home Maintenance Genie") may revise and update these Terms of Use at any time. Your continued usage of the Home Maintenance Genie website ("Home Maintenance Genie Site," or the "Site,") will mean you accept those changes.
By using this site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this site!
Home Maintenance Genie LLC or HomeMaintenanceGenie.com (collectively "Home Maintenance Genie") may revise and update these Terms of Use at any time. Your continued usage of the Home Maintenance Genie website ("Home Maintenance Genie Site," or the "Site,") will mean you accept those changes.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. Any tips, information, and advice are strictly the opinion of the owner of this website. We do not warrant or guarantee the condition of your house from following the information on this site and the monthly checklists. We do not endorse any advertising contractor on this site. Any work or contract entered into with any contractor is a separate contract between you and the contractor. We are not responsible for such work or quality of work. As with any home maintenance or improvement work, you should seek the help of a qualified professional as needed.
Checklists are not to be considered a complete list of maintenance items. Visitors are to review all items and add maintenance items as required by your home and its systems, equipment and materials.
Reminders email frequencies can only be set to the offered time periods. If other frequencies are essential to the safety of your family or the protection of your property, then the site should not be used for those reminder tasks.
Reminder emails are not guaranteed to be delivered to users. All reminders should be printed to a hard copy and kept by the user along with a calendar or self-created schedule of when maintenance or safety tasks should be performed to protect their property and or family. The user created calendar or schedule should be the primary source of maintenance reminders. Users to check website for reminders they may have not received at least once per month to verify there are no tasks that have not been completed as scheduled or required.
Home Maintenance Genie LLC does not assume any responsibility for maintenance tasks that are not completed by user or the methods in which they are completed.
Information contained in the HomeMaintenanceGenie.com website should not be considered to be accurate, user should consult product manuals and or a home maintenance expert to assess their home and build a custom home maintenance program to suit your homes specific needs.
Home Maintenance Genie, LLC does not recommend users to perform any tasks in which they are not experts or received training to perform such tasks. Home maintenance can be very dangerous, serious injuries or even death can occur if not properly trained. Users performing any activities contained in this website are doing so at their own risk.
Custom Reminders can be made by users, Home Maintenance Genie LLC does not monitor this content for accuracy and assumes no liability for any damages incurred by such information.
By performing the maintenance tasks included in this website does not imply or make any guarantees that your property or home will have increased value. Furthermore, performing maintenance tasks in this website does not guarantee you will not have expensive repair bills or have to replace property before its normal life cycle.
Users have total control of their content and reminder settings. The content and settings are not monitored by Home Maintenance Genie LLC. Home Maintenance Genie is not liable for reminder emails not received due to inaccurate settings or frequencies. Default settings for reminder emails are OFF. Users to verify all settings are accurate prior to logging out of website.
The content in this website does not guarantee that if followed your family will be safe. We have not provided a complete list of safety items and recommend you hire a safety expert to assess your home and family needs. Al l tasks related to the safety of your home and or family should be considered in-accurate. Users should seek advice from a safety professional or local governments for safety advice to properly protect your home and or family.
Upon becoming a subscriber, user vows to immediately verify or research the content of each template reminder is accurate for his/her home and or family safety, including the frequency in which the reminder email will be sent. Users will not use any information found in this website until verified by them and or a professional.
Home Maintenance Genie, LLC makes not warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the site content will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by your through the site will meet your expectations, and (v) any errors in the software will be corrected.
THE SITE DOES NOT PROVIDE MAINTENANCE ADVICE.
The contents of the Home Maintenance Genie Site, such as text, graphics, images, information obtained from Home Maintenance Genie licensors, and other material contained on the Home Maintenance Genie Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional maintenance advice, diagnosis, or repairs. Always seek the advice of a trained maintenance professional or other repair technician with any questions you may have regarding a maintenance or equipment condition. Never disregard professional maintenance advice or delay in seeking it because of something you have read on the Home Maintenance Genie Site!
If you think you may have a maintenance emergency, call a trained professional immediately. Home Maintenance Genie does not recommend or endorse any specific tests, technicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Home Maintenance Genie, Home Maintenance Genie employees, others appearing on the Site at the invitation of Home Maintenance Genie, or other visitors to the Site is solely at your own risk.
The contents of the Home Maintenance Genie Site, such as text, graphics, images, information obtained from Home Maintenance Genie licensors, and other material contained on the Home Maintenance Genie Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional maintenance advice, diagnosis, or repairs. Always seek the advice of a trained maintenance professional or other repair technician with any questions you may have regarding a maintenance or equipment condition. Never disregard professional maintenance advice or delay in seeking it because of something you have read on the Home Maintenance Genie Site!
If you think you may have a maintenance emergency, call a trained professional immediately. Home Maintenance Genie does not recommend or endorse any specific tests, technicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Home Maintenance Genie, Home Maintenance Genie employees, others appearing on the Site at the invitation of Home Maintenance Genie, or other visitors to the Site is solely at your own risk.
LIABILITY OF HOME MAINTENANCE GENIE AND ITS LICENSORS.
The use of the Home Maintenance Genie Site and the Content is at your own risk.
When using the Home Maintenance Genie Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Home Maintenance Genie and its suppliers. Accordingly, Home Maintenance Genie assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Home-Wizard Site.
The Home Maintenance Genie Site and the content are provided on an "as is" basis. HOME MAINTENANCE GENIE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Home-Wizard, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Home Maintenance Genie Site or Home Maintenance Genie.
2. The satisfaction of any government regulations requiring disclosure of information on maintenance certifications or the approval or compliance of any software tools with regard to the Content contained on the Home Maintenance Genie Site.
In no event shall Home Maintenance Genie, its licensors, its suppliers, or any third parties mentioned on the Home Maintenance Genie Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Home-Wizard Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Home-Wizard is advised of the possibility of such damages. Home Maintenance Genie shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $10. Home Maintenance Genie is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
The use of the Home Maintenance Genie Site and the Content is at your own risk.
When using the Home Maintenance Genie Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Home Maintenance Genie and its suppliers. Accordingly, Home Maintenance Genie assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Home-Wizard Site.
The Home Maintenance Genie Site and the content are provided on an "as is" basis. HOME MAINTENANCE GENIE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Home-Wizard, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Home Maintenance Genie Site or Home Maintenance Genie.
2. The satisfaction of any government regulations requiring disclosure of information on maintenance certifications or the approval or compliance of any software tools with regard to the Content contained on the Home Maintenance Genie Site.
In no event shall Home Maintenance Genie, its licensors, its suppliers, or any third parties mentioned on the Home Maintenance Genie Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Home-Wizard Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Home-Wizard is advised of the possibility of such damages. Home Maintenance Genie shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $10. Home Maintenance Genie is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
TERMINATION
You agree that Home Maintenance Genie, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Home Maintenance Genie believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Home Maintenance Genie may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use agreement may be effected without prior notice, and acknowledge and agree that Home Maintenance Genie may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Home Maintenance Genie shall not be liable to you or any third-party for any termination of your access to the Site or for your loss of any data or information you have stored on the Site. Should you decide to cancel your account, you may do so by emailing customercare@homemaintenancegenie.com Any unused credits or funds in your account shall be forfeit upon cancelation, including the remaining length of your subscription.
BILLING
Home Maintenance Genie users who are on a billing plan will be subject to charges for this software and use of the Site in accordance with Home Maintenance Genie’s standard billing practices. Users who sign up through paypal will opt in automatically for recurring annual renewals. Users may opt out by requesting to opt out by sending an email to customercare@homemaintenancegenie.com. Auto renewals will not be refunded unless Home Maintenance Genie elects to do so. If any refund is made it will be only for the amount received by Home Maintenance Genie. Refunds will not include credit card processing fees, taxes and or marketing fees charged by 3rd parties.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
You agree to defend, indemnify, and hold Home Maintenance Genie, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Hamilton County, IN. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the Home Maintenance Genie Site, these Terms of Use and the Home Maintenance Genie Privacy Statement constitute the entire agreement between you and Home Maintenance Genie with respect to the use of the Home Maintenance Genie Site, and Content.
Thank you for your cooperation. We hope you find the Home Maintenance Genie Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to Customercare@homemaintenancegenie.com. We try to answer every email in a timely manner, but are not always able to do so.
© 2012 Home Maintenance Genie LLC. All rights reserved.
Except as expressly provided in a particular "legal notice" on the Home Maintenance Genie Site, these Terms of Use and the Home Maintenance Genie Privacy Statement constitute the entire agreement between you and Home Maintenance Genie with respect to the use of the Home Maintenance Genie Site, and Content.
Thank you for your cooperation. We hope you find the Home Maintenance Genie Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to Customercare@homemaintenancegenie.com. We try to answer every email in a timely manner, but are not always able to do so.
© 2012 Home Maintenance Genie LLC. All rights reserved.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
Home Maintenance Genie, LLC
doing business as www.homemaintenancegenie.com
COPYRIGHT AND LICENSE
$28 First Year
$16 Renewal
