EFFECTIVE DATE: SEPTEMBER 8, 2011. LAST UPDATED: October 20, 2020
By using www.HomeZada.com and any related subdomains, services, software (including any software that we provide to you that allows you to access the Site from a mobile device (a "Mobile Application")) and tools offered on or through HomeZada (collectively, the "Site"), you agree to these Terms and Conditions of Website Use and any and all policies set forth on the Site (collectively the “Agreement”). As used in this Agreement, "HomeZada", "us" or "we" refers to HomeZada, Inc. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HOMEZADA, AND INCLUDES TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS. HomeZada reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Agreement. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. Your continued use of the Site will indicate your acceptance of the current Agreement.
The Site offers various services (“Services”) relating to your own residence or residences that you may own, manage or operate, as well as to real estate agents, brokers and other service providers and professionals that use our Site or Services for their own professional use or for their clients. Provided you have registered on the Site and paid all applicable fees for these Services, you may access and use the Site and Services on a non-exclusive, non-transferable basis, for your personal use in accordance with all applicable laws and regulations, and in accordance with this Agreement. The Site and Services may not be used for any commercial purposes, except for Services specifically provided to real estate professionals for their professional use with clients, unless expressly agreed to by HomeZada in writing.
You shall not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any portion of the Site or the Services; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code for any Services, software, or feature offered on or through the Site; (c) other than for your use of the Site or Services as expressly permitted in this Agreement, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (d) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content or other information transmitted to or via the Sites.
You may be required to register with HomeZada in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you authorized or were aware of them. HomeZada reserves the right to refuse service, terminate accounts, remove or edit content, or cancel or services in its sole discretion. If you are registering an account and using the Site on behalf of your employer or company, you represent and warrant that you are authorized to do so and that your employer or company will be fully responsible for your compliance with and any breach of this Agreement.
As part of your subscription fee, you are entitled to store up to 500MB of data with an Essential subscription level and up to 1GB of data with a Premium subscription level. HomeZada reserves the right to implement fees for storage above those levels at its own discretion. You will be notified if your account exceeds these storage levels and the fees associated with it prior to being invoiced.
You agree that HomeZada may periodically send you email to the email address you signed up with for various items such as suggested content, recommendations, reminders, newsletters, promotions, and other notices about the system and your content in the system.
If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you canceled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request.
Subscriptions may be offered on an annual or monthly basis as indicated on the Site. The fee that we will charge you for your Subscription will be the price posted on the Site on the date that you register for the Service. HomeZada reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period). Once your credit or debit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once we have processed your order for your Subscription), you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of the Site.
IMPORTANT NOTICE: HOMEZADA WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION MONTHLY OR ANNUALLY ON THE SAME DATE EACH FOLLOWING MONTH FOR MONTHLY SUBSCRIPTIONS OR ON THE ANNIVERSARY DATE FOR ANNUAL SUBSCRIPTIONS OF THE DATE THAT HOMEZADA FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, HOMEZADA WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY OR YEARLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE APPLICABLE RENEWAL DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE TYPE OF SUBSCRIPTION ORDERED.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING HOMEZADA THROUGH AN ESTABLISHED SUPPORT LINE, OR CONTACTING HOMEZADA THROUGH [email protected], OR YOU CAN CANCEL YOURSELF WITHIN THE HOMEZADA APPLICATION. HOMEZADA REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT YEARLY OR MONTHLY SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY SUBSCRIPTION TERM, AS APPLICABLE.
FREE TRIAL PERIODS: YOU MAY BE OFFERED A FREE-TRIAL PERIOD TO TEST THE SERVICES. PLEASE NOTE THAT IF YOU DO NOT CONVERT TO PAYING SUBSCRIPTION BY THE END OF THE FREE TRIAL PERIOD, YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED AND ALL INFORMATION WE HAVE RECEIVED DURING THE TRIAL PERIOD WILL BE DESTROYED.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register your account, and you authorize HomeZada to charge your credit or debit card for any such applicable taxes.
If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you canceled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request. There are no refunds for previous years that you were billed for the service.
One of the Services offered on the Site is Zada® Listings, which is a service that allows homeowners and their real estate agents to list and provide information on homes, residences and other real property for sale (collectively, “Real Property”). All use of the Zada® Listing service shall be subject to this Agreement, including the terms and conditions in this section.
Sellers and Real Estate Professionals: If you use the Zada® Listing service to list your own Real Property or if you are the listing agent for any Real Property, you agree to the following terms and conditions, in addition to the other provisions in this Agreement:
Buyers: If you are a prospective buyer or actual buyer of Real Property shown on the Site, including those shown in the Zada® Listings, you agree that HomeZada shall have no liability or responsibility for the completeness, accuracy or validity of Zada® Listing Content or any other information relating to that Real Property. Buyers agree to conduct their own due diligence, inspections and investigation prior to the purchase of any Real Property and hereby waive and release HomeZada and its affiliated entities, officers, employees and agents, from any losses, liabilities, claims or expenses relating to or arising out of any Zada® Listing Content or any listing on the Zada® Listing service.
Certain of the Services offered on the Site are for real estate agents, brokers, and other service providers and professionals in the real estate industry. Real estate agents, brokers and other real estate professionals that are using the Site and Services represent, warrant and agree to the following:
The HomeZada Professional Site offers various Services relating to providing annual subscription gifts to your clients with your associated branding ad displayed to your clients. Provided you have registered on the Site and paid all applicable fees for these Services, you may access and use the Site and Services on a non-exclusive, non-transferable basis, for your professional use in accordance with all applicable laws and regulations, including Fair Housing Laws and any laws or regulations applicable to real estate professionals. and in accordance with this Agreement.
You may be required to register with HomeZada in order to access certain Services or areas of the HomeZada Professional Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your professional use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you authorized or were aware of them. HomeZada reserves the right to refuse service, terminate accounts, remove or edit content, or cancel or services in its sole discretion. If you are registering an account and using the Site on behalf of your employer, broker or company, you represent and warrant that you are authorized to do so and that your employer, broker or company will be fully responsible for your compliance with and any breach of this Agreement.
As part of each one of your gift subscription fees, you are entitled to provide a gift to one client for a one year access to the HomeZada Premium subscription that includes your online profile branding ad to be displayed to your client for the same year as their Premium subscription. Other gift subscription fees may include the ability for you to create properties and copy and transfer them to your client. The site will keep your copy of this property data where you are allowed to store up to 500MB of data for each property with a property gift fee . HomeZada reserves the right to implement fees for storage above those levels at its own discretion. You will be notified if your account exceeds these storage levels and the fees associated with it prior to being invoiced.
Once you purchase a gift membership, there are no refunds. You can send this gift via email to a client and monitor whether the client has redeemed the gift or not. If that client does not redeem the gift, you can cancel their gift and send the gift to a different client. Once a client redeems the gift, you cannot reclaim the gift and send to a different client. You can maintain your account with either no gifts in your account or with as many purchased but not yet redeemed gifts.
End Users hereby agrees to (i) to create, host, publish, promote, distribute and maintain and/or display, at End User’s discretion, HomeZada Affiliate Links (HZ Affiliate Links), (ii) that all HZ Affiliate Links will contain the HomeZada name and/or logo, and any display of the HomeZada name and/or logo must be a clickable hyperlink directing the user to the HomeZada Website; and (iii) to maintain the confidentiality of any information obtained from HomeZada except as is necessary to fulfill its obligations herein and take reasonable steps to protect all material information; and (iv) that any and all creative for HomeZada advertising campaigns must be approved by HomeZada in advance. HomeZada hereby agrees (i) to provide End Users with the HZ Affiliate Links to host on End Users Websites, and or display in marketing materials, newsletters, social media posts or transmit via email. (ii) Additionally, HomeZada will provide End Users with guidelines and graphical artwork to use in creating content to promote the HZ Affiliate Link. HomeZada will use the HZ Affiliate Link to track individual users who access the HomeZada Website through the End Users Websites and various promotions and successfully sign up for an account. However, HomeZada will be unable (and, therefore, will have no obligation) to track accounts in which (a) the specific link format that the End Users use its promotion does not match the HZ Affiliate Link that Company has provided (b) the consumer clicking on the HZ Affiliate Link has any blocking technology installed or (c) the user information is inaccurate, invalid or does not contain the required information, such as the user’s name, e-mail and all required information. (iii) to maintain the confidentiality of any information obtained from Customer except as is necessary to fulfill its obligations herein and take reasonable steps to protect all material information.
Neither Party will offer paid for consideration, such as a direct monetary incentive to encourage customers to visit the other Parties’ website without any expectation that such customers seek to purchase a home management plan from HomeZada or services and products offered by End User. For avoidance of doubt, commercially reasonable promotions and discounts are not prohibited. Customer may, but is not required, to dispute the information on the reports by providing a written explanation of the basis for the dispute. Any such dispute must be received within three (3) months following the issuing of the report. Company shall investigate and reasonably resolve any such dispute from Customer.
During the Term and subject to the terms of this Agreement, each Party hereby grants to the other Party a non-exclusive, royalty free, revocable, non-sublicensable license to use and display the other Party’s Marks (as defined below) solely in connection with the fulfillment by each Party of all of its obligations under this Agreement. As used herein, the “term Marks” consist of the Party’s name, trademarks, service marks, logos, agent names, agent photos, slogans, trade dress and other proprietary descriptions, whether registered or unregistered. Neither Party may not use the other Party’s Marks or any other intellectual property of the other Party, including service marks, trade names, logos or other commercial or product designation for any other purpose whatsoever without the prior written consent of the owning Party. Each Party agrees to abide by all standards and guidelines of the owning Party adopted from time to time with respect to the proper use and display of the Party Marks. Once consent is given for a specific type of use (e.g., use of the Marks in promotional materials or on a website), consent is not required for each subsequent use of the Marks in that specific context.
Each Party recognizes the validity of and will do nothing inconsistent with or which would negatively impact the other Party’s rights in and the ownership of its Marks or the goodwill associated therewith. Each Party further recognizes that its use of the other Party’s Marks and the goodwill resulting therefrom, shall inure exclusively to the benefit of the owning Party. Neither Party will reserve, register or file an application for registration of the other Party’s Marks or any confusing similar mark thereto, whether as a corporate or trade name, domain name, trademark or service mark or otherwise in any country or territory or with any registrar. Any use of the Marks that is not authorized herein or in writing by either Party is strictly prohibited. Any use of the Marks that is inconsistent with any terms hereof shall be grounds for immediate cancellation of authorization to use a Party’s Marks.
Recognizing the value and importance of advertising in establishing and maintaining the goodwill and public image of the Marks, each Party agrees that all advertising and promotion in any manner or medium containing the Marks must be conducted in a dignified manner, Neither Party will knowingly display, broadcast, transmit, or disseminate any advertising or promotional material which contains (i) material misrepresentations or omits to state a material fact, including as concerns the parties, their affiliates, their competitors, and their respective products and services, or (ii) a statement in derogation of the other, its affiliates, its Marks, products or services.
All real estate content on this Site is subject to the Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise any preference, limitation or discrimination because of race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference, limitation or discrimination. HomeZada will not knowingly accept any advertisement for real estate which is in violation of the law. Users of this Site are hereby informed that, pursuant to applicable laws and regulations, all dwellings advertised in the Zada® Listing service are available on an equal opportunity basis. For more information on Fair Housing Laws, go to The U.S. Department of Housing and Urban Development (“HUD”) website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.
You are responsible for providing accurate and complete information when you register your account, and to update that information promptly if there are any changes to it. You represent and warrant that any information, documents, photos, or other material that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information, documents, photos, or other material you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
HomeZada does not sponsor, endorse, recommend or approve of any real estate agent, broker, mortgage broker or other home-related service provider (“Real Estate Providers”) who offers services through the Site or the Services. While we try to confirm that participating Real Estate Providers are licensed to perform their respective services, we cannot and do not represent or warrant that any Real Estate Provider who offers services through the Site is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
HomeZada may make available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. HomeZada does not warrant that the Mobile Application will be compatible with your mobile device. HomeZada hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that HomeZada may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and HomeZada and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that HomeZada provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of HomeZada’s iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that HomeZada provides to you designed for use on an Android-powered mobile device (an “Android App”):
The Site will allow you to upload, post, and display documents relating to your residence such as appliance and equipment information, home improvement and repairs, invoices, user manuals, photos, mortgage-related documents, financial information, video, photos, text messages, other materials, items and user-generated content (collectively, “User Content"). The Site may also feature areas where you can interact with other users such as message boards, chat rooms and other interactive features (“Interactive Features”). You are solely responsible for your use of any Interactive Feature and you use them at your own risk.
If you submit any User Content or participate in an Interactive Feature within or in connection with the Site, you agree (a) not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any copyright, trademark, trade secret, patent or other intellectual property rights, or any statements which may defame, harass, stalk or threaten others; (b) not to upload, post or otherwise transmit any User Content that is offensive or contains expressions of bigotry, racism, abusiveness, vulgarity or profanity; (c) not to show or provide any photo, video or personal information of a minor or child without the express written consent of the parent and/or legal guardian; ( d) not to show or provide any photo, video or personal information of any third party, unless you have the express written consent of such third party to do so; (e) not to upload, post or otherwise transmit any material that contains sexually explicit images, pornography or that is otherwise obscene; (f) not to upload, post or otherwise transmit any User Content that violates any law, including Fair Housing Laws, or engage in activity that would constitute a criminal offense or give rise to a civil liability; (g) not to upload, post or otherwise transmit, without HomeZada’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services; (h) not to impersonate any person or entity; (i) not to invade or violate any person’s right of privacy or publicity, including, without limitation, harvesting or collecting personally-identifiable information; (j) not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component; (h) not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and (k) not to post any information that is false, misleading or inaccurate. Any User Content that violates any of the foregoing requirements may be edited, deleted or removed by HomeZada in it is sole discretion and without notice to users.
This Site may allow you publicly post User Content (including Zada® Listing Content) and to transfer such User Content (including Zada® Listing Content) to another user or to any person that has purchased your residence or other Real Property. You represent and warrant that you have full right, power and authority to post and transfer the User Content (including Zada® Listing Content) and that doing so will not violate the rights or interests of an third party. HomeZada is not responsible for any loss, damage, mutilation, alteration, theft, deletion or modification of any User Content (including Zada® Listing Content). YOU SHOULD ALWAYS MAINTAIN A BACKUP COPY OF YOUR USER CONTENT (INCLUDING ZADA® LISTING CONTENT).
HomeZada reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any terms of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of this Agreement which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to HomeZada using this Site, Mobile Applications or otherwise (collectively, “Comments”) are not confidential and will become and remain HomeZada’s property. The disclosure, submission or offer of any Comments will constitute an assignment to HomeZada of all worldwide rights, titles and interests (including without limitation, all patent, copyright, trade secret and other intellectual property rights) and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, Mobile Applications, software and other material (collectively "Content"), is owned or licensed property of HomeZada or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of HomeZada and protected by U.S. and international copyright laws.
HomeZada®, the HomeZada logo, and Zada® are trademarks of HomeZada, Inc., registered in the United States. Unauthorized use is strictly prohibited. Other trademarks used herein are the trademarks of their respective owners and are not intended to indicate any endorsement, sponsorship or affiliated with HomeZada.
HomeZada and its suppliers and licensors expressly reserve all intellectual property rights in all Content. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of HomeZada’s or any third party’s intellectual property rights.
The Mobile Application software that is provided to you through the Site and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The Site may contain links to websites of third parties (“Third Party Sites”). HomeZada is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such Third Party Site. Before enabling any sharing functions of the Site to communicate with any such Third Party Site, HomeZada strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such Third Party Site. The links and interactive functionality for Third Party Sites on the Site in no way constitute an endorsement by HomeZada of these Third Party Sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK.
While HomeZada attempts to ensure your access and use of the Site is safe, HomeZada cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements. HomeZada further disclaims any and all warranties, express or implied, regarding the User Content.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY HOMEZADA ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HOMEZADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT EMAILS SENT FROM HOMEZADA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HOMEZADA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HOMEZADA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to Third Party Sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such Third Party Sites, you do so entirely at your own risk.
The Site is controlled and operated by HomeZada from the United States, and is not intended to subject HomeZada to the laws or jurisdiction of any state, country or territory other than that of the United States. HomeZada does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
UNDER NO CIRCUMSTANCES SHALL HOMEZADA OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOMEZADA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You represent and warrant that your User Content is accurate and not misleading, does not and will not violate the IP Rights, rights of privacy or publicity, or any other rights of any third party, and does not violate this Agreement. As a condition of the use of the Site, you agree to defend, indemnify and hold harmless HomeZada, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site or the User Content (including without limitation the Zada® Listing Content) or any breach of this Agreement by you.
BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. The laws of the State of California, without regard to its choice–of–law principles, govern all matters arising out of or related to this Agreement, including the sale of any products. You agree that the exclusive forum and venue for any legal action arising out of or related to this Agreement, including the sale or license of any products, shall be the federal or state courts of the County of Sacramento, California and you submit to the personal jurisdiction and venue of those courts.
You consent to receive electronic communications from HomeZada either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
We respect the intellectual property rights of others and encourage users to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site or any of the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement: DLA Piper, 400 Capitol Mall, Suite 400, Sacramento, CA, 95814, Attn: Mr. Scott Pink, [email protected]
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Services who is the subject of repeated DMCA or other infringement notifications.
This Agreement, including policies incorporated herein, constitute the entire agreement between you and HomeZada with respect to the Site and the Services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HomeZada with respect to the Site. No provision of this Agreement shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, this Agreement shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in this Agreement creates a relationship of agent and principal, partners, franchisor-franchisee, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may also provide notice of changes to this Agreement by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about HomeZada or your use of the Site, please contact us with a detailed description, and we will try to resolve it:
Email: [email protected] Telephone: 916-302-4663 (916-302-HOME)