Welcome to the HomeBinder website, application and proprietary software platform that connects homeowners and their authorized service partners, representative and agents (as used herein, “partners” or “service partners”) with qualified service providers and provides a centralized organization system for all matters relating to their home (collectively, the “Service”) or otherwise made available to you as a registered user,  whether as a homeowner, partner, or service provider, of HomeBinder.  The Service enables registered users and their authorized partners (“Users,” “you” or “your”) to collect and view all matters relating to their home in one centralized electronic database (the “Binder”) for purposes of facilitating the purchase, maintenance, repair and upkeep, eventually the sale of, their or their clients’ home.  

Every time you visit or use features of the Service, you agree to be bound by these Terms of Use (“Terms”).  If you are an entity, these Terms shall be expressly binding on all employees, directors and officers, agents, and assigns who access or use the Service.  These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. In addition to these Terms, we have adopted the HomeBinder Privacy Policy (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

HomeBinder may modify the Terms from time to time and each modification will be effective when it is posted on the Service.  We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service. 

User Eligibility

Each User hereby warrants that the User is either (a) an authorized employee, director, officer, agent or assign of a legitimate legal entity, or (b) an individual either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  In any case, the User affirms to be over the age of 13, as the Services are not intended for children under 13. 

Creating an Account

If you are a service partner, you may create an account by following the prompts on our platform and accepting these Terms of Use, or by contacting us at sales@homebinder.com. If you are a homeowner accessing the Services, either directly or through your service partner, you agree to follow the prompts on our platform to accept these Terms of Use and access and claim the account your service provider establishes on your behalf (your “Account”).  Whether you are a service provider or a homeowner, you must provide certain personal information such as your name, address, email address, and other information we may request to identify you and establish your Account, as described in our Privacy Policy.  

Please refer to our Privacy Policy for information about how we protect your personal information.  Whether you are a service partner or a homeowner, you are responsible for ensuring that any personal information you provide is accurate and up to date.  HomeBinder reserves the right to verify the accuracy of the information you provide at any time.  You are responsible for creating a username and a secure password and protecting your Account from unauthorized access.  You agree to notify HomeBinder immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.  You will be held responsible for any activity that occurs under your Account.  

Once you have an Account, you may adjust your profile settings and start your subscription process with us. 

Subscription Agreements and Fees (Partners only)

If you are a homeowner, this section does not apply to you. If you are a service partner, you may begin your monthly subscription to access and permit the homeowners you represent to access our Services by activating your Account or by contacting us at sales@homebinder.com.  Once you have an active subscription agreement, we invite you to refer your homeowners to our services as described in the Software Subscription Agreement we have in place with you.

Unless otherwise agreed in writing by the parties, you or we may cancel your subscription at any time upon thirty (30) days advance written notice.  In the event of termination, you shall pay us any accrued but unpaid fees up to and including the conclusion of services.  Any homeowner you refer to our services receives their Binder free of change for the lifetime of their homeownership, if even your subscription with us terminates.  You understand that we have the right to remove your branding from a Binder upon termination of your subscription agreement with us.

Subscriptions and other payments are processed through our third-party payment processor, who has its own separate terms and conditions accessible here.  Monthly fees shall be in the amounts listed on our website or previously disclosed to you, unless otherwise agreed in writing between the parties.  

You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.

Guidelines, Rights and Remedies

Content Ownership and License to Use

The User acknowledges and agrees that:

(a) all video, images, information, data, text, software, music, sound, photographs, messages or other materials User or any third party (service provider, contractor, or other) authorized by the User uploads, collects, communicates or transmits using the Services (“Content”) are the sole responsibility of the User;

 (b) the User owns or has the necessary licenses, rights, consents, and permissions to use and authorizes HomeBinder to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all Content User creates or uploads in accordance with these Terms; and

(c) the User has the necessary consent, release and /or permission of each identifiable individual person in the Content to use the presence and likeness of each such individual in the Content in the manner contemplated by these Terms.

Any Content uploaded to a Binder is available only to the homeowner User linked to that Binder, and is only visible to other registered Users as authorized by the homeowner User or as necessary for us to provide the Services.  HomeBinder reserves the right to purge Content from its databases at any time and from time to time without notice in accordance with its document retention policies.  In addition, HomeBinder may disable User’s account and access to use the Services and HomeBinder may recover from the User any losses, damages, costs or expenses incurred by HomeBinder resulting from or arising out of User’s non-compliance with any provision of this Agreement.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to HomeBinder through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) HomeBinder is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) HomeBinder shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) HomeBinder may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of HomeBinder without any obligation of HomeBinder to you; and (f) you are not entitled to any compensation or reimbursement of any kind from HomeBinder under any circumstances. 

Permitted Use of the Service 

You will be held solely responsible for your conduct on and use of the Service.  You agree that you will not use or attempt to use this Service for any purpose other than to post, view or manage your or your authorized homeowner’s Binder or otherwise connect with service providers or contractors, as the case may be; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:

• that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
• that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
• that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
• that transmits any harmful or disabling computer codes, files, programs or viruses,
• that harvests e-mail addresses or personally identifiable information from HomeBinder,
• that interferes with our network services or the proper working of the Service or activities conducted on the Service,
• that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
• that attempts to gain unauthorized access to our Service including bypassing measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
• that suggests an express or implied affiliation with HomeBinder (without the express written permission of HomeBinder) or that impersonates any person or entity including an employee or representative of HomeBinder,
• that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.

HomeBinder reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service. 

Intellectual Property Rights

HomeBinder does not own any data or information that you submit in the course of creating your Account or any Content that is provided by you or collected from your use of the Service, including any branding materials provided by service partners.

We or our licensors own and retain all proprietary rights in the Service. Neither the Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HomeBinder, unless it is in the public domain. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service.  Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of HomeBinder or our third-party service providers, and any unauthorized use terminates the permission to use the Service granted by HomeBinder. 

Except for the Content and any branding provided by our agents and service partners, all content made available by HomeBinder to you on the Service, such as report formats, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HomeBinder or its content/software suppliers and protected by United States and international copyright laws. All software used on our website and platform is the property of HomeBinder or its software suppliers and protected by United States and international copyright laws.  

Notice and Take Down Procedures 

1. Notice of Claims

If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact HomeBinder’s copyright agent (identified below) and provide the following information: 

• A clear statement identifying the works, or other materials believed to be infringed.
• A statement from the copyright holder or authorized representative that the content is believed to be infringing.
• Sufficient information about the location of the allegedly infringing content so that HomeBinder can find and verify its existence.
• Your name, telephone number and e-mail address.
• A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf. 
• A signature or the electronic equivalent from the copyright holder or authorized representative.

You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may be invalid.

2. Counter-Notice

• If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state or federal courts of the Commonwealth of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

HomeBinder’s agent for notice of copyright issues on the Service can be reached as follows: 

HomeBinder, Inc.
1500 District Avenue
Burlington, MA 01803
Attn: Copyright Agent

If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.

General Information

Linking to Third Party Websites 

For your convenience and in addition to the connections we facilitate homeowners and service providers or contractors, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, HomeBinder does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that HomeBinder will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.

Indemnification

You agree to indemnify and hold HomeBinder, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service. 

Disclaimer & Limitation of Liability 

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, HOMEBINDER MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.  HOMEBINDER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE.  FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY HOMEBINDER IN THIS AGREEMENT.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL HOMEBINDER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF HOMEBINDER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO HOMEBINDER IN THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

While we strive to protect your information in accordance with our Privacy Policy, HomeBinder cannot be liable for the privacy of personal information collected or stored on the Service, or otherwise connected with your use of the Service.

Independent Contractor  

HomeBinder’ relationship with its Users shall be that of independent contractor and nothing herein shall be construed to create a partnership, joint venture, or employer-employee relationship. 

Termination

HomeBinder may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. 

Jurisdiction & Severability

HomeBinder operates the Service from its offices within the United States.  The Services are designed for Users within the United States, and HomeBinder makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations. 

These Terms are not assignable, transferable, or sublicensable by you except with HomeBinder’s prior written consent. HomeBinder may assign, transfer, or delegate any of its rights and obligations hereunder without consent. 

These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any action brought against HomeBinder to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.  In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and HomeBinder concerning your use of the Service.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at HomeBinder, Inc., 1500 District Avenue, Burlington, MA 01803. 

Last Updated: August 18th, 2020