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Effective Date: April 15, 2024

PRIVACY POLICY

1. PURPOSE; YOUR ACCEPTANCE; UPDATES. Home Outside, Inc., a Vermont corporation (“Home Outside” “we” “us” “our”) operating the website HomeOutside.com and its subdomains (the “Website”), the Home Outside applications (the “Apps”), and Home Outside’s affiliated digital properties (collectively, the “Services”), is committed to respecting the privacy of individuals. This Privacy Policy (this “Privacy Policy” or this “Policy”) describes the Information that Home Outside collects from you, how we protect that Information, how we use and share your Information and our legal bases for doing so, and your rights regarding the Information you provide to us. “Information”, as we use the term in this Policy, means any information relating to an identified or identifiable natural person.

By using our Services, you agree to the terms of this Policy, which is incorporated into and made part of the Home Outside Terms of Use, located below. Please review the Terms of Use and this Privacy Policy.  If you do not agree to the Terms of Use or this Privacy Policy, please do not access or use the Services. Additionally, if you are located outside United States and choose to provide Information to us, please note that, per Section 7 of this Policy, the Information you provide is transferred to and processed in the United States, among other countries. Your consent to this Privacy Policy followed by your submission of such Information represents your agreement to that transfer.

We may modify this Policy from time to time. When we do, we will provide notice to you by publishing the most current version on our Website and Apps and revising the date at the top of the Policy. If you use any of the Services following a change in this Privacy Policy, your use will constitute your acceptance of the updated Policy. Accordingly, we encourage you to review this Privacy Policy frequently for changes.

2. SCOPE.

a. Intended Users. Our Services are intended only for use by adults, either for themselves or on behalf of family members, and are not intended for use by anyone under the age of 13. We do not knowingly collect Information from anyone under the age of 13. If you have reason to believe that a child under the age of 13 has provided us with Information, please contact us and we will endeavor to delete that Information from our databases.

b. Only Information Requested or Tracked by Home Outside. This Policy applies to Information which we ask that you provide to us in order to use our Services, as well as Information which we obtain by tracking and analyzing your use of the Services. This Policy does not apply to information you disclose to us (whether through the Services, via email, or through any other means) without our asking for or tracking it (any such information, ““Unsolicited Information”). Please see the Terms of Use regarding your representations regarding, and our rights in, any Unsolicited Information you send to us.

This Policy also does not apply to Information that you provide or make accessible to parties other than Home Outside. Disclosure of Information to any such third parties is subject to the relevant third party’s privacy policy. We are not responsible or liable for any third party’s privacy policy or practices, even if we link to the third party’s services from our Services.

3. INFORMATION WE COLLECT.

a. Information We Collect Directly from You. While using our Services, we may ask you to provide us with Information that can be used to contact or identify you, including, without limitation, when you complete an interest form. Information may include, but is not limited to, your email address, your screen name, your first and last name, company/employer name, telephone number, home address, and mailing address. For purposes of this Policy, please note that Information includes Information you provide about yourself and/or other family members on whose behalf you are using the Services or submitting to us.

b. Usage Data. We may also collect Information sent by the Apps or your browser whenever you use the Services (“Usage Data”). This Usage Data may include Information such as your device’s Internet Protocol address (i.e., IP address), unique hardware ID, operating system, related or dependent software type, browser version, the pages of our Website or Apps that you use, the time and date of your usage, the time spent on the Website or Apps, unique device identifiers, and other diagnostic data.

c. Tracking Data. We use tracking technologies to track the usage of our Services and hold certain Information. Tracking technologies use beacons, tags, and scripts to collect and track information and to improve and analyze our Services. If you prevent or disable tracking technologies, you may not be able to use some portions of our Services, or not all features of the Services may operate as intended. Our Services currently do not respond to “Do Not Track” (“DNT”) signals, whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

d. Information from Other Sources. We may receive Information about you from other third parties whom you have authorized to share your Information or who collect your Information in connection with co-branded offerings or services. For example, if you create or log into your account through a third-party site such as Google, we may receive access to certain additional Information from that site. To learn more about the use of data collection technologies by such third-party sites or applications, please visit the applicable party’s privacy policy.

4. HOW WE USE YOUR INFORMATION. We and our service providers process Information about you where it is in our legitimate interests to do so and not overridden by your rights. We use your Information in order to:

a. authenticate your identity;

b. personalize, maintain, and optimize the Services for you;

c. notify you of changes and updates to the Services;

d. process your payment information, if applicable;

e. communicate with you, including (when in line with the preferences you have shared with us) providing you with interest-based information and advertising, if applicable;

    • Note: by providing us with your contact Information you consent to allowing us to use that Information to send you Services and other interest-based updates, notices, and advertising. If we do so, we will provide an option for you to opt out of receiving these types of communications.

f. monitor and analyze usage in connection with our Services and address any technical issues;

g. support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity;

h. perform contracts with our service providers;

i. comply with applicable laws and respond to legal requests;

j. carry out any other purposes described to you at the time that we collect the Information.

If you are in a jurisdiction that requires a specific legal basis for processing Information, our legal basis for collecting and using the Information described in this Policy will depend on the type of Information and the specific context in which we collect it but will fall into one of the above categories.

We may also de-identify and aggregate your Information for our own purposes.  “De-identified” Information is Information that has been stripped of your identifiers, such as your name, contact information, and other identifying data, such that you cannot reasonably be identified as an individual. “Aggregated” Information is Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. 

5. HOW WE SHARE YOUR INFORMATION.

a. With Our Service Providers. We use service providers in connection with operating and improving the Services to assist with certain business purposes, such as payment processing, email transmission, data and website or application hosting, managing our ads, and some aspects of our technical and customer support. These service providers, which include data analytics providers, may access, process, and store Information about you on our behalf for the purposes we authorize, subject to confidentiality obligations.

b. Compliance and Protection. We may access, preserve, and disclose Information about you (including your messages) to government entities and other third parties if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose Information about you if we believe that your actions are inconsistent with our Terms of Use, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, Home Outside or others.

c. Merger, Sale, or Other Asset Transfers. If Home Outside is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of our assets, Information about you may be shared, sold, or transferred as part of that transaction. We may also share Information about you with current or future affiliates.

d. Other Situations. Per Section 4, we may de-identify or aggregate Information about you and share it freely, so that you can no longer be identified. Such Information is not subject to this Policy. We may also provide additional notice and ask for your consent if we wish to share your Information in a materially different way than discussed in this Privacy Policy.

6. HOW WE PROTECT YOUR INFORMATION. The security of your Information is important to us. We secure your Information using industry-standard physical, procedural, and technical measures designed to prevent unauthorized or unlawful access, disclosure, or destruction of Information. However, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your Information, we cannot ensure or warrant the security of any Information you transmit to us, and you use the Services and provide us with your Information at your own risk. If you have reason to believe that your Information is no longer secure, please immediately email us at support@homeoutside.com.

7. HOW WE STORE, TRANSFER, AND RETAIN YOUR INFORMATION. Home Outside is based in the United States. Information about you will be transferred to, and processed in, the U.S. and other countries. These countries may have data protection laws that are different from the laws of your state, province, country, and/or governmental jurisdiction, and, in some cases, the data protection laws in these other countries may not be as protective. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and that no transfer of your Information will take place to an organization or a country unless there are adequate controls in place regarding the security of your Information.

We will retain your Information as long as your account is active, and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that, except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Information for any particular period and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you.

8. YOUR RIGHTS TO YOUR INFORMATION. You may at any time request that we delete your Information by emailing us at support@homeoutside.com. Please note it may take us up to 90 days to process your request. Additionally:

a. U.S. State Privacy Rights. Certain U.S. states (including, but not limited to, California, Colorado, Illinois, and Virginia) provide their state residents with additional legal rights concerning their Information. If you are a resident of one of these states and are using our Services, you may have the right to: (i) have Home Outside disclose further details on the categories and pieces of Information that we have collected about you, including what we share with third parties or affiliates for those third parties’ or affiliates’ direct marketing purposes; (ii) have Home Outside disclose what Information we plan on collecting about you before we collect it; (iii) opt out of our marketing and/or analytics activities; (iv) have Home Outside delete any Information which we have collected about you; (v) ensure that Home Outside does not sell your Information; and (vi) ensure that Home Outside provides you with equal services without discrimination.

As noted above, we do not alter our Services’ data collection and use practices when we see a DNT or related signal from your device.

If you would like to make a state law-related request, please email us at support@homeoutside.com. Please note that we may ask you to verify your identity in order to respond to the request, and that we have 30 days to respond to you.

b. Your Rights Under General Data Protection Regulation (GDPR). If you are a resident of the European Economic Area (EEA), please see Section 4 of this Privacy Policy for a list of the legitimate business reasons why we collect and use your Information. Under the GDPR you have certain additional data protection rights, including the right to: (i) access, update, or delete the Information we have collected on you; (ii) have your Information rectified if that Information is inaccurate or incomplete; (iii) object to our processing of your Information; (iv) request that we restrict the processing of your Information; (v) be provided with a copy of your Information in a structured, machine-readable, and commonly used (i.e., data-portable) format; (vi) withdraw your consent at any time where Home Outside relied on your consent to process your Information; (vii) complain to a data protection authority about our collection and use of your Information. For more information on how to lodge such a complaint, please contact your local data protection authority in your EEA Member State. Please also visit https://www.gdpreu.org/the-regulation/list-of-data-rights/ for additional information on your GDPR-specific rights.

If you would like to make a GDPR-related request, please email us at support@homeoutside.com. Please note that we may ask you to verify your identity before responding to the request, and that we have one month to respond to you.

9. CONTACT US WITH QUESTIONS AND COMMENTS. If you have any questions about the Privacy Policy, please contact us via email at support@homeoutside.com. Additionally, as noted above, you also have the right to lodge a privacy-related complaint with your state or national data protection enforcement agency.

 

TERMS OF USE

1. ACCESS TO OUR SERVICES. As a convenience to you, Home Outside, Inc. (“Home Outside”, “we”, “us” and “our”) grants you access to its website HomeOutside.com and its subdomains (the “Website”), its applications (the “Apps”), and its affiliated digital properties (collectively, the “Services”), conditioned upon your acceptance of these terms of use, Terms and Conditions of Design Services, and Home Outside’s Privacy Policy (all such documents, hereinafter, collectively, the “Terms of Use” or the “Terms”). These Terms apply to all users of the Services, including, without limitation, browsers, vendors, customers, and merchants. The Services may be accessed and used only by individuals who can form legally binding contracts under applicable laws and are not barred from using the Services under applicable laws.

2. ACCEPTANCE OF THESE TERMS. Please read these Terms carefully. By using the Services, you agree to these Terms, and you consent to the collection, use, and disclosure of information as described in these Terms. If you do not agree to these Terms, you must exit the Website, uninstall the App(s), and otherwise cease using the Services immediately. Your use of the Services shall be deemed to be your acceptance of and agreement to abide by these Terms. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

3. GENERAL CONDITIONS OF USE. Home Outside, in its sole discretion and without notice, obligation, or liability to you, may at any time modify, update, or correct any portion of the Services; change product or service descriptions or prices; and/or temporarily suspend or permanently discontinue your access to the Services. Any use of the Services not expressly authorized under these Terms will terminate any and all permissions granted by these Terms, will result in you being barred from using the Services, and may violate applicable laws, including copyright, trademark and/or other intellectual property laws, and communications regulations and statutes.

4. COPYRIGHT. The Services and their Content are the sole property of Home Outside and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with Home Outside’s express written consent. For the purposes of these Terms, “Content” means, collectively, any text, designs, images, graphics, data, software, source code, apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content available through the Services, including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content. Other than as necessary for your use of the Services in accordance with these Terms, Home Outside grants you no other privileges, licenses, or rights in and/or to the Services or the Content, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Services and Content. Any Content owned by any of Home Outside’s licensors may be subject to additional restrictions. No part of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, application or other medium for publication or distribution or for any commercial enterprise without Home Outside’s express prior written consent.

5. AI DESIGN SERVICES. If you are accessing and/or using our AI design services (“AIS”) via the Apps, this Section 5 shall apply to such access, and use in addition to the other terms within these Terms of Use. To the extent that there is any direct conflict between this Section 5 and any of the other Terms of Use, the terms of this Section 5 shall supersede and control to the extent that they are more restrictive of your use rights and grant broader protections and rights to Home Outside.

The AIS and all information relating thereto is Home Outside Confidential Information. All intellectual property rights in the AIS are the sole and exclusive property of Home Outside or its licensors.

For the period during which Home Outside allows you access to the AIS, Home Outside grants you a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the AIS solely for your internal evaluation purposes – no commercial licenses are granted hereby. Home Outside may terminate your AIS access/use period immediately at any time with or without notice to you.

In accordance with Section 9, the AIS is provided “AS IS” AND “AS AVAILABLE”. HOME OUTSIDE MAKES NO REPRESENTATIONS OR WARRANTIES, AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO, THE AIS OR YOUR USE THEREOF, ANY DESIGNS, IMAGES, DATA, OR RESULTS GENERATED THROUGH YOUR USE OF THE AIS, OR YOUR INABILITY TO USE THE AIS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY: (I) ACKNOWLEDGE THAT AIS-GENERATED DESIGNS MAY BE INACCURATE OR SIMILAR OR IDENTICAL TO DESIGNS GENERATED FOR OR BY THIRD PARTIES; (II) ASSUME ALL RISKS FOR ANY ACTIONS YOU TAKE OR REFRAIN FROM TAKING BASED ON SUCH DESIGNS OR YOUR USE OF THE AIS GENERALLY.

6. THIRD-PARTY TOOLS AND LINKS. The Services may contain links or otherwise provide access to websites, applications, tools, and resources operated by parties other than Home Outside. Such links are provided solely as a convenience to you.

Home Outside does not control any such third-party technologies, services, products, websites, applications, tools, or resources, and we are not responsible for the content, products, services, or information offered by any such third parties. The inclusion, via the Services, of links or access to such resources does not imply any endorsement of the content, products, or services offered or promoted by any third party. If you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

7. UNSOLICITED INFORMATION. By sending us any ideas, suggestions, proposals, plans, photos, videos, or other materials, whether via the Services, one of our social media pages, email, postal mail, or otherwise (collectively, “Unsolicited Information”), you hereby grant Home Outside, Inc. a fully paid-up, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferrable, sublicensable right and license (including any moral or other necessary rights) to publish, display, distribute, post, print, copy, edit, modify, translate, combine with other works, create derivative works from, and otherwise use in any current or future medium, for any purpose whatsoever, any such Unsolicited Information. In addition, to the extent that any Unsolicited Information contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights“), you warrant that you possess, and you hereby grant and will cause such other person to grant to Home Outside, a license to exploit and use such Personal Rights for any purpose in connection with the Unsolicited Information license.

You are responsible for the accuracy, reliability, appropriateness, legality, and intellectual property rights of your Unsolicited Information. You represent and warrant that you have all legal, moral, and other rights that may be necessary to grant Home Outside the licenses described in the preceding paragraph. You agree that you will not make any claims against Home Outside based on any allegations that Home Outside’s use of the Unsolicited Information in accordance with the above license infringes any intellectual property rights.

We are and shall be under no obligation to maintain any Unsolicited Information in confidence, to pay compensation for any Unsolicited Information (even if we subsequently receive payment for sublicensing of such Unsolicited Information), or to respond to or use any Unsolicited Information.

8. PROHIBITED ACTIVITIES. In addition to any other prohibitions set forth in the Terms, you are prohibited from using the Services or any part of the Services: (i) for any unlawful purpose or for any purpose that would give rise to civil liability; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to resell for commercial purposes products purchased through the Services; (iv) to collect, use, reproduce, or republish any product listings or descriptions from the Services; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Services; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (viii) other than for your use of the Services as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Services are hosted or modify or alter the Services in any way; (ix) to collect or track the personal information of others; (x) to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; or (xi) to interfere with or circumvent the security features of the Services; (xii) to damage, disable, overburden, or impair Home Outside’s servers or networks; (xiii) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (xiv) to use language, images, or other content that Home Outside in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Home Outside’s brand; (xv) to post anything that exploits children or that depicts cruelty to animals; (xvi) to disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other solicitation.

The prohibitions set forth in these Terms are not exhaustive. Home Outside reserves the right, in its sole discretion, to terminate your access to the Services. In addition, Home Outside may report to law enforcement authorities any actions that may be illegal, as well as any reports it receives of such conduct.

9. DISCLAIMERS; LIMITATIONS OF LIABILITY. ALL SERVICES AND PRODUCTS DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED IN WRITING BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND/OR NON-INFRINGEMENT. IN NO CASE SHALL HOME OUTSIDE, INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY DESIGN SERVICES/PRODUCTS PROCURED THROUGH THE SERVICES; THE SECURITY, OPERABILITY, OR AVAILABILITY OF THE SERVICES; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Home Outside, Inc. and our partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, and employees (collectively, “Indemnitees”), harmless from any losses, liabilities, claims, demands, and expenses, including reasonable attorneys’ fees, made by any third party arising out of your breach of these Terms (including the documents they incorporate by reference), and/or your violation of any law or any rights of any third party. Without limiting the foregoing in any way, you agree to indemnify, defend, and hold harmless the Indemnitees for any breach of third-party technology or software licenses, website or application terms of use, and/or privacy policies.

11. GOVERNING LAW AND VENUE. These Terms, all disputes and matters relating to these Terms or the Services, and your relationship with Home Outside shall be construed in accordance with the laws of the State of Vermont, USA without giving effect to its conflicts of laws rules. By using the Services you hereby consent to the jurisdiction and venue of Vermont state or federal courts, and hereby waive any objections based on inconvenient forum or conflicts of laws principles.

12. WAIVER OF CLASS ACTION. Where permitted under applicable law, you agree to bring claims against Home Outside only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless Home Outside agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, against Home Outside. However, per Section 15, this Section 12 shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.

13. CHANGES TO THESE TERMS. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to via the Services (i.e., on the Website and on the Apps). Any new features or tools which are added to the Services shall also be subject to the Terms of Use. It is your responsibility to check the Terms of Use periodically for changes. If any changes are unacceptable to you, you agree to immediately stop using the Services. Your continued use of or access to our Services following the posting of any changes to the Terms constitutes your acceptance of the changes.

Notwithstanding the preceding paragraph, we have no obligation to update, amend, or clarify information posted via the Services, except to the extent required by applicable law. No specified update or refresh date applied to information posted via the Services should be taken to indicate that all posted information has been modified or updated.

14. CONSENT TO ELECTRONIC COMMUNICATIONS; CONTACT. You consent to receive electronic communications from Home Outside either in the form of email sent to you at the email address listed on your account or by communications posted via the Services. You acknowledge and agree that any electronic communication in the form of such email or posting via the Services shall satisfy any legal requirement that such communication be in writing.

Questions about the Terms of Use should be sent to Home Outside at support@homeoutside.com.

15. MISCELLANEOUS. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and Home Outside as a result of these Terms or your use of the Services. Home Outside’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Home Outside’s right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Home Outside with respect to such use. These Terms constitute the entire agreement between you and Home Outside with respect to the Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Home Outside with respect to the Services.

 

TERMS AND CONDITIONS OF DESIGN SERVICES

Purchase of any design services or products from Home Outside, Inc. (“Home Outside”, “we”, “us” and “our”) – whether purchased through Home Outside directly, via the Home Outside website or Apps, or through any third-party site, is expressly subject to the most current version of Home Outside’s Terms and Conditions of Design Services (the “Design Terms”). Your purchase and/or use of any Home Outside design services and/or products (including but not limited to images, renderings, plans, design PDF’s, and 3D and/or augmented reality “AR” models) (hereinafter, collectively, “Design Services”) serves as your acknowledgement that you have reviewed, in full, the Design Terms linked above, hereby agree to all such Design Terms, and are not relying on any statements from Home Outside representatives or other parties, or on any other materials, in using or purchasing our Design Services. The Design Terms include, but are in no way limited, to the following important provisions:

1. Conceptual Design. All Design Services are conceptual design renderings intended for inspirational purposes only. The Design Services are not covered by any landscape architecture or design certifications and do not conform to regional or local codes. As such, there is no guarantee that the Design Services will meet your specific project needs, that any design plans will be to scale or otherwise appropriate for your topography, or that any suggested plants will be appropriate for your climate. Home Outside therefore strongly recommends that you consult with a local, qualified professional prior to any materials purchases or installation work. Home Outside does not provide any technical or customer support for its Design Services. All purchases of Design Services are final and non-refundable.

2. Temporary Access; Limited License. Your client-specific website or application data, such as design data, will only be stored by Home Outside for ninety (90) days. Home Outside has no obligation to provide you with electronic media files (e.g., AutoCAD .dwg files, SketchUp .skp files,.pdesign files, etc.). If you request any such files, delivery is at the sole discretion of the applicable Home Outside designer and additional charges may apply in order to fulfill your request. Your purchase of Design Services does not convey to you ownership of any image renderings, but only a nonexclusive, nontransferable license to use such renderings for your own personal purposes, which license may be revoked in Home Outside’s sole discretion if you violate any of the Terms of Use.

3. Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THE DESIGN TERMS, THE DESIGN SERVICES ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND. HOME OUTSIDE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. HOME OUTSIDE SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING DAMAGES RESULTING OR ALLEGED TO RESULT FROM ANY DEFECT, ERROR, OR OMISSION IN THE DESIGN SERVICES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL HOME OUTSIDE HAVE ANY LIABILITY TO YOU FOR, AND YOU HEREBY EXPRESSLY WAIVE, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY DESCRIPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS, AND RELIANCE DAMAGES. YOUR SOLE REMEDY, AND HOME OUTSIDE’S SOLE OBLIGATION, FOR ANY CLAIM ARISING HEREUNDER IS HOME OUTSIDE’S REPERFORMANCE OF THE DESIGN SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH HEREIN WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. IF HOME OUTSIDE CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU HEREUNDER, HOME OUTSIDE WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED THE GREATER OF (I) $100.00 OR (II) THE SMALLEST AMOUNT ALLOWED BY APPLICABLE LAW (“LIABILITY CAP”). IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP REPRESENTS (X) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (Y) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

This section is intended to be only as broad as is permitted under applicable law. If any portion hereof is held to be invalid or for any reason unenforceable under applicable law, then such portion shall be deemed severable and enforceable to the maximum extent permitted by applicable law, and all portions shall remain enforceable in any other jurisdiction.

4. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Home Outside, including Home Outside’s directors, officers, agents, employees, successors, and assigns, from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense (including reasonable attorneys’ or legal fees, expenses, and court costs) that relate to: (i) your use or other exploitation of any Design Services deliverables; (ii) personal injury, damage, or economic loss to any third party to the extent arising out of your use of any Design Services deliverables; (iii) your breach of any of the Terms of Use; (vi) your gross negligence or willful misconduct; or (iv) your failure to abide by all applicable laws and ordinances.

5. Essential Basis of the Bargain. You acknowledge that Home Outside has set its fees in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and your indemnity obligations set forth herein, that the same form an essential basis of the bargain between you and Home Outside, and THAT HOME OUTSIDE’S FEES WOULD BE HIGHER IF HOME OUTSIDE WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.