Terms of service
This website (the “Site”) is operated by Always Home Agency, Inc., dba Always Home Connected (“Always Home”). Throughout the Site, the terms “we”, “us” and “our” refer to Always Home, and “you” and “your” refer to you as a user of the Site. Always Home offers the Site, including all content, tools, services and products available from or through the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Your use of the Site is also subject to our Privacy Policy, which describes information we collect about you and how we use and share it.
By accessing or using the Site and/or making a purchase from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. If you do not agree to all of these Terms, then you may not access the Site or use any Services. Access to or use of any new features or tools which are added to the Site will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms upon notice, which may be by posting notice of such updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. If you do not agree with changes to the Terms, you should stop using the Site and the Services. The Site is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
These Terms include an arbitration provision that governs any disputes between you and us. This provision makes it mandatory that the parties submit disputes that are not otherwise resolved to a neutral third-party arbitrator for a binding decision and will eliminate your right to pursue a claim through a trial in a court by a judge or jury and substantially affect your rights, by preventing you from bringing, joining or participating in class or consolidated proceedings.
SITE AND PRODUCTS
ARE FOR ADULTS
You represent that you are at least the age of majority in your state of residence. Always Home does not sell products for purchase or use by children. We sell products for purchase by adults and for use by adults. If you are under 18, you may not use the Site. If you are using the Site on behalf of an organization, you represent that you have the authority to bind your organization to these Terms. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE OF SITE AND ACCOUNT
We may refuse service to anyone for any reason at any time, and we may suspend or terminate your user account, terminate your right to use the Site, remove or edit content, or cancel orders in our sole discretion. We have no obligation to maintain the Site or the Service and may change, suspend, or discontinue the Site or the Service at any time. You are responsible for maintaining the confidentiality of your account and password for the Site and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password.
LICENSE AND
RESERVATION OF RIGHTS
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Service. This license does not include any resale or commercial use of the Site or the Service, or their contents; any right to make derivative works of the Site, the Service, or any content on or available through the Site or Service; or any use of data mining, robots, or similar data gathering and extraction tools. We or our licensors reserve all rights not granted herein. You may not reproduce, duplicate, copy, sell, or resell the Site or the Service or any part of them, or any product or content available through the Site or Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of Always Home without our express written consent. You may not misuse the Site or the Service. You may use the Site and the Service only as permitted by law. The license granted herein terminates if you do not comply with these Terms, including all policies referenced in these Terms or otherwise available to you on the Site, which are incorporated by reference into these Terms.
The Site, Service, and all of the content and technology they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property, and specifically excluding all User Submissions (collectively, the “Content”) are owned or licensed by Always Home or its licensor(s). All Content is protected by trade secret, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as expressly permitted in writing by Always Home, you may not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content. You may not use Always Home’s name or any language, pictures, or symbols which could, in our judgment, imply our endorsement. Nothing contained in these Terms or in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Always Home or such third party that may own the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of third parties. You will report any violation of these Terms of which you become aware. We may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability. We retain sole discretion to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and/or any page thereof and any element, aspect, portion or feature thereof), from time to time.
ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if Content is not accurate, complete or current. No specified update or refresh date applied on the Site or in the Service should be taken to indicate that all information on the Site has been updated. All Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify Content at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
PRODUCT INFORMATION
AND PURCHASES
You may place an order through the Site for product(s) (“Products”) for your non-resale use. We try to be as accurate as possible, but we do not warrant that Product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices, promotions, and Product descriptions and availability are subject to change. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. We try to display as accurately as possible the colors and images of our Products on the Site, but we cannot guarantee that your device’s display of any color will be accurate. Your order is not confirmed until we send you an e-mail confirming the order. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order. We do not offer refunds in the event of temporary or permanent price drops following a purchase at higher prices. All purchases from Always Home are made pursuant to a shipment contract. This means that the risk of loss and title for the product(s) purchased pass to you upon our delivery to the carrier. We may discontinue the sale of any Product at any time. Any offer for any Product made on this Site is void where prohibited. All purchases through the Site are subject to our Returns Policy.
ACCURACY OF BILLING
AND ACCOUNT INFORMATION
If required to register to use any aspect of the Site, you will: (i) provide true, accurate, current and complete information as prompted by the registration page (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You may be required to be logged in to your account and have a valid payment method associated with it. The Site and Service are for end users only, and you may not purchase products through the Site for resale purposes. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
THIRD-PARTY FUNCTIONALITY
The Site may utilize third parties to provide certain functionality, such as Shopify for payment processing. The Site may also contain links to third-party websites, applications or other online services that we do not own or control. Finally, the Site may also include a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, LinkedIn, Twitter, Google, Reddit, Pinterest, or Instagram. We do not control the content, privacy policies, functionality, or practices of any third-party websites, applications, or services. We do not warrant the offerings of third-party providers or assume any responsibility or liability for their actions, services, or content. These third-party services are not related to Always Home, and your use of such services is subject to the terms on the site(s) of the applicable service(s). We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Please review the terms of service, including privacy policies, of these third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK
AND OTHER SUBMISSIONS
You may interact with the Site and Always Home in numerous ways, including by submitting customer reviews or feedback on the Site or the Service. You hereby grant Always Home a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information) or materials you send to us throughout the world in any media, including text, images and videos you share with us via social media or that you submit in a Product review. You also grant us the right to use the name and social media name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you submit; (ii) all content you submit is accurate; (iii) our use of the content you submit will not infringe any proprietary rights of or cause injury to any person or entity; and (iv) you will indemnify and hold us harmless for all claims resulting from content you submit or post. We may, at your expense, assume the exclusive defense and control of any matter for which you indemnify us. We may monitor and edit or remove any content, but we have no obligation to do so. We take no responsibility and assume no liability for, and you are solely responsible for, any content you submit and its accuracy.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you will not, and will not assist, encourage, or enable others to: use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, crawl, or index any portion of the Site; remove or modify any copyright, trademark, or other intellectual property rights legend that appears on or in the Site; record, process, or mine information about other users; reformat or frame any portion of the Site; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our or our provider’s technology infrastructure or otherwise make excessive traffic demands of the Site; attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site, through hacking, password mining, or any other means; or use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site. You will not, and you will not assist, encourage, or enable others to, modify any Product or use any Product other than as recommended and intended by its manufacturer. You will not submit any content that is false or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, threatening, or invasive of anyone’s privacy. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any content you submit. You may not use the Site or the Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are located. You must comply with all U.S. and other export and re-export restrictions applicable to use of the Site and the Service.
NOT MEDICAL ADVICE
NONE OF THE SITE, SERVICE, NOR ANY CONTENT OR PRODUCT GIVES MEDICAL ADVICE, NOR DO ANY OF THEM PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. USE OF THE CONTENT, PRODUCT(S), SITE, AND/OR SERVICE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR VERIFYING THE ACCURACY OF PATIENT INFORMATION (INCLUDING, WITHOUT LIMITATION, BY OBTAINING ALL APPLICABLE PATIENTS’ MEDICAL AND MEDICATION HISTORY AND ALLERGIES), AND FOR ALL MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELLBEING OF PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING ANY APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE CONTENT, SITE, SERVICE, OR PRODUCT(S) WILL NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH ANY CLINICAL OR THERAPEUTIC USE OF THE SITE, SERVICE, CONTENT, OR PRODUCT(S) BY YOU FOR THE TREATMENT OF PATIENTS.
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
THE SITE, CONTENT, PRODUCTS, AND SERVICE ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALWAYS HOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALWAYS HOME DOES NOT WARRANT THAT THE SITE, SERVICE, CONTENT, PRODUCTS, OR ELECTRONIC COMMUNICATIONS SENT FROM ALWAYS HOME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE OR SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, THAT THE CONTENT OR ANY INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE, THAT ANY PRODUCT WILL ACHIEVE ANY PARTICULAR RESULT, OR AS TO THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALWAYS HOME BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, LOST OPPORTUNITY, INTERRUPTION OF BUSINESS, RESULTING FROM THE SITE, THE SERVICE, CONTENT OR PRODUCT(S), ACTIONS REGARDING YOUR USER SUBMISSIONS OR COMMUNICATIONS, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT ALWAYS HOME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALWAYS HOME’S TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF AMOUNTS YOU HAVE PAID ALWAYS HOME FOR PRODUCTS AND $50 USD.YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, CONTENT, PRODUCTS, AND SERVICE IS AT YOUR SOLE RISK.
INDEMNIFICATION
You will indemnify, defend and hold harmless Always Home and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your misuse of any Product, or your violation of any law or the rights of a third party.
TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site. We may terminate your account and/or these Terms at any time without notice for any reason, including if we suspect you have violated these Terms, and you will remain liable for all amounts due up to and including the date of termination.
DISPUTE RESOLUTION
Choice of Law; Jurisdiction & Venue. These Terms will be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Los Angeles County, California, for all disputes arising out of or relating to these Terms, the Site, or the Service that are heard in court (including any dispute relating to the arbitration provision).
Arbitration. We want to address your concerns without needing a formal legal dispute. Before you file a claim against Always Home, you agree to try to resolve it informally by contacting info@alwayshomeconnected.com We’ll try to work things out. If we cannot resolve the dispute within 30 days of your email to us, then either you or we may bring a formal proceeding. YOU AGREE TO THE FOLLOWING REQUIRED ARBITRATION PROVISION: Any dispute or claim relating in any way to these Terms, or to your use of the Site or the Service (including any Content or Product) will be resolved by binding arbitration in Los Angeles County, California, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction located in Los Angeles County, California. To begin an arbitration proceeding, you must send an email to info@alwayshomeconnected.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at http://www.adr.org/ or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you nor any other Always Home user can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. Notwithstanding the foregoing, either party may bring suit in court to enjoin infringement or other misuse of the Site or Content or a party’s intellectual property rights.
MISCELLANEOUS
Any waiver of any provision of these Terms by Always Home must be in writing and signed by an officer of Always Home. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Headings are for convenience only and have no interpretive value. Any provision that must survive in order to give proper effect to its intent (such as limitations on liability, disclaimers, representations and warranties) will survive the termination of these Terms. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the extent necessary for these Terms to otherwise remain in full force and effect and enforceable. We may assign, subcontract, delegate, and transfer our rights and obligations under these Terms to a third party. You may not assign or transfer your user account. We will not be liable for any failure or delay in our performance due to any cause beyond our reasonable control, including any act of war, act of God, epidemic, act of third-party service providers, earthquake, hurricane, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment. The Site is offered by Always Home Connected, info@alwayshomeconnected.com; Always Home Agency, 2801 Ocean Park Blvd. , Suite 188, Santa Monica, CA 90405 USA. These Terms, together with the Privacy Policy, are the entire agreement between you and Always Home relating to the Site, Service, Content, and Products.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@alwayshomeconnected.com.