Table of Contents
- 1. Our Services
- 2. Intellectual Property Rights
- 3. User Representations
- 4. User Registration
- 5. Products
- 6. Purchases And Payment
- 7. Refunds Policy
- 8. Prohibited Activities
- 9. User Generated Contributions
- 10. Contribution License
- 11. Guidelines For Reviews
- 12. Third-Party Websites And Content
- 13. Services Management
- 14. Privacy Policy
- 15. Copyright Infringements
- 16. Term And Termination
- 17. Modifications And Interruptions
- 18. Governing Law
- 19. Dispute Resolution
- 20. Corrections
- 21. Disclaimer
- 22. Limitations Of Liability
- 23. Indemnification
- 24. User Data
- 25. Electronic Communications, Transactions, And Signatures
- 26. California Users And Residents
- 27. Miscellaneous
- 28. Contact Us
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and
logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-
commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section
below, we grant you a non-exclusive, non-transferable, revocable license to
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access the Services; and
download or print a copy of any portion of the Content to which you have properly gained
access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to: support@my-homiqo.com. If we ever
grant you the permission to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms
and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (“Submissions”), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly
through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any media formats and through
any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making Contributions accessible through the
Services by linking your account through the Services to any of your social networking accounts, you:
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confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post,
send, publish, upload, or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful,
or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the
necessary rights and licenses to submit such Submissions and/or Contributions and that you
have full authority to grant us the above-mentioned rights in relation to your Submissions and/
or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b)
any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we
shall have the right to remove or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or
edit any such Contributions, we may also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately refer to the
“COPYRIGHT INFRINGEMENTS” section below.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future use of the Services (or
any portion thereof).
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. Products
All products are subject to availability. We reserve the right to discontinue any products at any time for
any reason. Prices for all products are subject to change.
6. Purchases And Payment
We accept the following forms of payment
– Visa
– Mastercard
Payment processing and platform flow
You acknowledge and agree that HOMIQO uses third-party payment processors (including Stripe and/
or Stripe-connected payment services) to process payments made through the Services. Guests
typically pay booking charges through the Services, and such payments are processed via the
payment processor. You authorize us and/or our payment processor to charge your chosen payment
method for any amounts due in connection with your use of the Services, including booking charges,
fees, penalties (if applicable), and taxes (if applicable).
Booking funds, payouts, and platform fee
For bookings made through the Services, payments are collected through the platform. Property
owners/hosts can view booking revenue and applicable line items in their dashboard. HOMIQO’s fee
(service fee/platform fee) is calculated and automatically deducted from the booking funds in
accordance with the pricing displayed on the Services, and the corresponding fee amount is
transferred to our Stripe account (or the designated account of our payment processor setup).
Payout timing (after check-in)
Unless otherwise stated in the booking flow or required by applicable law, payouts to property owners/
hosts are scheduled to be made after the guest has checked in. Property owners/hosts acknowledge
that payout timing may be subject to
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payment processor rules;
fraud prevention and risk checks;
chargeback/dispute risk;
refunds, adjustments, or cancellations;
compliance requirements; and/or
other circumstances where holding funds is reasonably necessary.
Subject to the applicable payout schedule and any required holds, chargeback risk, fraud prevention
checks, refunds, adjustments, or legal requirements, the remaining payout amount (net of HOMIQO’s
fee and other applicable deductions) is made available for payout to the property owner/host through
the payment processor.
Taxes (sales/occupancy/tourist taxes) and reporting display
Listings may display and/or calculate taxes such as sales tax, occupancy tax, tourist development tax,
or similar taxes depending on the location of the property and the information provided by the
property owner/host. The dashboard may show booking amounts with tax line items for transparency.
Unless HOMIQO explicitly states otherwise for a given jurisdiction, feature, or listing, property owners/
hosts remain solely responsible for
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determining the correct taxes that apply to their listings and bookings;
ensuring the listing and pricing/tax settings are accurate;
collecting, reporting, and remitting all required taxes to the relevant authorities; and
maintaining records and compliance with all applicable tax laws and regulations.
HOMIQO does not provide tax advice, does not guarantee that tax calculations displayed are correct,
and is not responsible for the property owner’s/host’s tax obligations. In certain jurisdictions, the
platform or payment processor may be required by law or may offer features to collect and/or remit
certain taxes; if that applies, we will provide notice or reflect it in the booking flow or dashboard.
Chargebacks, disputes, and payment reversals
If a guest initiates a chargeback, payment dispute, reversal, or similar claim, you acknowledge that
funds may be withheld, reversed, or deducted from future payouts in order to cover the disputed
amount, fees, penalties, or other costs charged by the payment processor. Property owners/hosts
agree to cooperate and provide requested information in connection with disputes and chargebacks.
Purchase and account information
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed.
Sales tax and currency
Sales tax may be added to the price of purchases as deemed required by us or required by applicable
law. We may change prices at any time. All payments shall be in US dollars.
Order limits and refusal
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Security Deposit (Damage Deposit)
Certain listings may require a security deposit (also referred to as a damage deposit) as determined
solely by the respective property owner or authorized host. The amount, conditions, and applicability
of any security deposit are defined by the property owner/host and displayed to the guest during the
booking process prior to confirmation.
Security deposits may be handled in one of the following ways, depending on the configuration of the
listing and the payment processor setup
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- as a pre-authorization or hold on the guest’s payment method;
as a separate charge collected at the time of booking or prior to check-in; or
through other mechanisms supported by the payment processor.
Unless otherwise stated, security deposits are intended to cover damages, excessive cleaning,
missing items, rule violations, or other costs attributable to the guest during the stay, as determined
by the property owner/host in accordance with their house rules and applicable law.
HOMIQO acts solely as a technology platform and does not inspect properties, assess damages, or
determine whether deductions from a security deposit are justified. Any claims against a security
deposit, including the amount deducted and supporting documentation, are the sole responsibility of
the property owner/host.
If no damages or chargeable issues are reported in accordance with the property owner’s policies and
within a reasonable timeframe after check-out, the security deposit (or any remaining balance
thereof) will be released or refunded to the guest in accordance with the rules of the payment
processor and the original payment method.
HOMIQO does not guarantee the collection, sufficiency, or enforcement of any security deposit and is
not responsible for disputes arising between guests and property owners/hosts regarding security
deposits. Any disputes related to security deposits are handled directly between the guest and the
property owner/host, subject to applicable laws and payment processor rules.
7. Refunds Policy
Refunds, cancellations, and modifications for bookings are governed by the cancellation policy
selected by the respective property owner or authorized host for each listing.
Each property owner/host may define their own cancellation and refund conditions, including but not
limited to
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- free cancellation up to a specified period before check-in (for example, 7 days prior to arrival);
partial refunds for cancellations within a defined window (for example, within 24 hours before
check-in);
non-refundable bookings.
The applicable cancellation policy for a booking is displayed to the guest prior to booking
confirmation and forms part of the binding agreement between the guest and the property owner/
host.
HOMIQO acts solely as a technology platform facilitating bookings, communications, and payment
processing and does not determine, control, or guarantee refund eligibility. Any refunds issued will be
processed in accordance with the cancellation policy selected by the property owner/host and
handled through the platform and payment processor, subject to processing times and rules of the
payment method used.
Platform or service fees charged by HOMIQO may be non-refundable unless otherwise required by
applicable law or expressly stated at the time of booking.
Property owners/hosts are solely responsible for honoring their selected cancellation policy, handling
cancellation requests in accordance with that policy, and complying with applicable consumer
protection laws.
7.1 PLATFORM CIRCUMVENTION AND OFF-PLATFORM BOOKINGS
Guests and Hosts are strictly prohibited from circumventing or bypassing the HOMIQO platform.
Circumvention includes, but is not limited to
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- completing bookings, reservations, payments, extensions, or renewals outside of the HOMIQO
platform,
exchanging contact details for the purpose of avoiding HOMIQO service fees,
entering into any rental or payment agreement off-platform after initial contact was made
through HOMIQO.
This restriction applies before booking, after booking, and for a period of twelve (12) months following
the first contact or completed booking that originated through the HOMIQO platform.
If circumvention occurs, HOMIQO reserves the right, in its sole discretion, to
- In addition to any other remedies, HOMIQO reserves the right to impose a contractual penalty
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- (liquidated damages) of up to USD 1,000 per violation for any confirmed circumvention of the
platform, as such circumvention causes substantial financial and operational damages that are
difficult to precisely quantify.
immediately suspend or permanently terminate the account(s) of the Host and/or Guest
involved,
charge or recover the full service fee that would have applied had the booking been completed
through HOMIQO,
withhold payouts where permitted by law,
take further legal action if necessary.
Hosts and Guests acknowledge that HOMIQO acts as the booking and payment platform and that all
platform fees are earned once a booking is initiated through HOMIQO, regardless of where final
payment is completed.
8. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to
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- Systematically retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another
person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services
or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
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graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Circumvent the platform by completing bookings or payments outside of HOMIQO.
9. User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, “Contributions”). Contributions
may be viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant that
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- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
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- contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the Services.
10. Contribution License
By posting your Contributions to any part of the Services, you automatically grant, and you represent
and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your Contributions to the Services
and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on
the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
11. Guidelines For Reviews
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you
must comply with the following criteria: (1) you should have firsthand experience with the person/
entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of
our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-
exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content
relating to review.
12. Third-Party Websites And Content
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-
Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be aware these Legal
Terms no longer govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or services offered on Third-
Party Websites and you shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
13. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our rights and property and
to facilitate the proper functioning of the Services.
14. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the United States. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Services, you are
transferring your data to the United States, and you expressly consent to have your data transferred
to and processed in the United States.
15. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification. Please be advised
that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by
the Services infringes your copyright, you should consider first contacting an attorney.
16. Term And Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
17. Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information
on our Services. We also reserve the right to modify or discontinue all or part of the Services without
notice at any time. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice to you. You agree that
we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
18. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with
the laws of the State of Florida applicable to agreements made and to be entirely performed within the
State of Florida, without regard to its conflict of law principles.
19. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal
Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which
are available at the American Arbitration Association (AAA) website. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in Pasco County, Florida. Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state and federal courts located in Pasco County, Florida, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) year after the cause of action arose. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
21. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to
or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4)
any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
24. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
25. Electronic Communications, Transactions, And Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
26. California Users And Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
27. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to
the Services constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these
Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us
by virtue of having drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
28. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use
of the Services, please contact us at
JM Franchise Group LLC
38348 Colwell Court
Dade City, FL 33525
United States
Phone: +1 352-769-1237
support@my-homiqo.com