Effective Date: March 13, 2023
- Intended Users of the Website. Our Website is intended only for use by adults, either for themselves or on behalf of family members, and is 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.
- INFORMATION WE COLLECT.
- Information We Collect Directly from You. While visiting our Website, 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 Website or submitting to us.
- Usage Data. We may also collect Information that your browser sends whenever you visit the Website (“Usage Data”). This Usage Data may include Information such as your computer’s Internet Protocol address (i.e., IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data. When you access the Website with a mobile device, this Usage Data may include Information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
- Investor Information. Per Section 5 of this Policy, we may collect, use, and share Information from and about investors in connection with an investment-related transaction. This may involve the disclosure of Information about investors to third parties to facilitate the implementation, administration, and management of any such transaction.
- 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:
- authenticate your identity;
- personalize, maintain, and optimize the Website for you;
- notify you of changes and updates to the Website;
- process your payment information, if applicable;
- communicate with you, including (when in line with the preferences you have shared with us) providing you with interest-based information and advertising;
- Note: by providing us with your contact Information you consent to allowing us to use that Information to send you Website 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.
- respond to your comments, questions, and requests and provide customer service and support;
- monitor and analyze usage in connection with our Website and address any technical issues;
- 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;
- perform contracts with our service providers;
- comply with applicable laws and respond to legal requests;
- 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.
- HOW WE SHARE YOUR INFORMATION.
- With Our Service Providers. We use service providers in connection with operating and improving the Website to assist with certain business purposes, such as payment processing, email transmission, data and website 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.
- 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.
- 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 Website 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 [email protected].
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.
- YOUR RIGHTS TO YOUR INFORMATION. You may at any time request that we update, correct, or delete your Information by emailing us at [email protected]. Please note it may take us up to 30 days to process your request. Additionally:
- 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 Website, 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 Website’s data collection and use practices when we see a Do Not Track signal from your browser.If you would like to make a state law-related request, please email us at [email protected]. Please note that we may ask you to verify your identity before responding to the request, and that we have 30 days to respond to you.
If you would like to make a GDPR-related request, please email us at [email protected]. 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.
- ACCEPTANCE OF THESE TERMS. Please read these Terms carefully. By using the Website, 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 immediately and discontinue any use of the Website. Your use of the Website 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.
- GENERAL CONDITIONS OF WEBSITE 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 Website; change product or service descriptions or prices; and/or temporarily suspend or permanently discontinue your access to the Website. Any use of the Website not expressly authorized under these Terms will terminate any and all permissions granted by these Terms, will result in you being barred from use of the Website, and may violate applicable laws, including copyright, trademark and/or other intellectual property laws, and communications regulations and statutes.
- COPYRIGHT. The Website and its 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, images, graphics, data, software, source code, apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content available through the Website, 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 Website in accordance with these Terms, Home Outside grants you no other privileges, licenses, or rights in and/or to the Website or the Content, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Website and Content. Any Content owned by any of Home Outside’s licensors may be subject to additional restrictions. No part of the Website 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 or other medium for publication or distribution or for any commercial enterprise without Home Outside’s express prior written consent.
- THIRD-PARTY TOOLS AND LINKS.
The Website may contain links or otherwise provide access to websites, 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, tools, or resources, and we are not responsible for the content, products, services, or information offered by any such third parties. The inclusion on the Website 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.
- UNSOLICITED INFORMATION. By sending us any ideas, suggestions, proposals, plans, photos, videos, or other materials, whether via our Website, 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.
- PROHIBITED ACTIVITIES. In addition to any other prohibitions set forth in the Terms, you are prohibited from using the Website or any part of the Website: (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 Website; (iv) to collect, use, reproduce, or republish any product listings or descriptions from the Website; (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 Website; (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 Website; (viii) other than for your use of the Website as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Website is hosted or modify or alter the Website 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 Website; (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 Website. 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.
- DISCLAIMERS; LIMITATIONS OF LIABILITY. THE WEBSITE AND ALL SERVICES AND PRODUCTS DELIVERED TO YOU THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR PRODUCTS PROCURED THROUGH THE WEBSITE; THE WEBSITE’S SECURITY, OPERABILITY, OR AVAILABILITY; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE WEBSITE OR THE SERVICES OR PRODUCTS, 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.
- GOVERNING LAW AND VENUE. These Terms, all disputes and matters relating to these Terms or the Website, 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 Website 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.
- 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 14, this Section 11 shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.
Notwithstanding the preceding paragraph, we have no obligation to update, amend, or clarify information on the Website, except to the extent required by applicable law. No specified update or refresh date applied to the Website should be taken to indicate that all information on the Website has been modified or updated.
- 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 on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
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 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 AR models) (hereinafter, collectively, “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 Services. The Design Terms include, but are in no way limited, to the following important provisions:
- Conceptual Design. All Services are conceptual design renderings intended for inspirational purposes only. The 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 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 professional landscape contractor or qualified professional prior to any materials purchases or installation work. Home Outside does not provide any technical or customer support for its Services.
- Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THE DESIGN TERMS, THE 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 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 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.
- 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.