Homesome


Groceries Just Became Awesome!




Terms of Service

Welcome to the Homesome Application (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us at 175 Baypointe Parkway, #330, San Jose, CA 95134.

These Terms of Use were last updated on October 9, 2015.

ACCEPTANCE OF TERMS OF USE

Homesome (“Homesome” “we” or “us” or “our”) owns and operates the website, www.gethomesome.com, the mobile web, the mobile app and the touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, “Application”). By using the Application and Homesome’s services through the Application, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, located at www.gethomesome.com/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Application with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE APPLICATION AND DO NOT USE ANY HOMESOME SERVICE, PARTICIPATE IN ANY PROGRAM, REDEEM ANY VALIDATED USER REDEMPTION VOUCHER OR USE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE APPLICATION.

About the Application

The Application is a platform through which Registered Users order groceries and have them delivered to a specified location. Over time and use, the Application will learn the Registered User’s grocery habits and begin to propose a weekly grocery basket.

All available grocery and delivery programs on the Application may change at any time in Homesome’s discretion, without notice.

Ownership of the Application

The Application, any content on the Application and the infrastructure used to provide the Application are proprietary to us, our affiliates and other content providers. By using the Application and accepting these Terms of Use: (a) Homesome grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Application pursuant to these Terms of Use and to any additional terms and policies set forth by Homesome; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, products or services obtained from or through the Application without the express permission of Homesome.

Use of the Application

As a condition of your use of the Application, you agree that:

You are at least 16 years of age;

You are able to create a binding legal obligation;

You are not barred from receiving products or services under applicable law;

You will not attempt to use the Application with crawlers, robots, data mining or extraction tools or any other functionality;

Your use of the Application will at all times comply with these Terms of Use;

You will only engage in transactions that comply with the letter and spirit of the terms of the respective offers;

You have the right to provide any and all information you submit to the Application, the information and all such information is accurate, true, current and complete; and

You will update and correct information you have submitted to the Application and ensure that it is accurate at all times (out-of-date information will invalidate your account).

If you are 16 or older but under the age of majority (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Application. Because of this, and because it is prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Application – as this Terms of Service and your use of the Application affect their legal rights and obligations.

Access to the Application

Homesome retains the right, at our sole discretion, to deny service or use of the Application or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Application and your account accessible, the Application and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Application access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Application or our services we will post notice of the change on the Application. If you have an account on the Application, any changes to these Terms of Use will be effective upon our notice of the changes on the Application. If you do not agree to the changes, you may close your account without penalty and you should not use the Application or any services offered through the Application after the effective date of the changes. If you do not have an account, any changes will be effective immediately for new and existing users of the Application. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. Your use of the Application after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

Your Account

In order to use the Application, you will have to provide your (i) first name; (ii) last name; (iii) email address; (iv) delivery location; (v) payment information; and, (vi) set an account password. The required information you will have provided is referred to herein as your Account.

In addition, as you use the Application, we will collect certain information regarding your usage or actions. For example, to provide the most accurate weekly grocery proposal, we may store your grocery lists for future reference. We use the information we gather from your use of the Application in accordance with the terms of our Privacy Policy which is located at www.gethomesome.com/privacy.

You may only hold one Account on the Application for your personal use. When you agree to these Terms of Use, you represent that you will have only one Account and that you will use your Account as a bona fide consumer and with no intent to defraud Homesome.

You are responsible for updating and correcting information you have submitted to create or maintain your Account. You understand and agree that Homesome shall have no responsibility for any incident arising out of, or related to, your Account. You are solely responsible for maintaining the security of your Account. We will assume that anyone using the Application or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. You will be persistently logged into the Application unless you choose to delete the Application from your mobile device or we terminate your Account.

Your Account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your Account, may cause us to cancel your Account in our sole discretion. If your Account is cancelled, you will forfeit any pending, current or future promotional vouchers and any other forms of unredeemed value in your Account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Application, including, but not limited to, requirements for use.

Your Conduct

All interactions on the Application must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Application, we may limit your privileges on the Application and seek other remedies.

The following activities are prohibited on the Application and constitute express violations of these Terms of Use:

Submitting any content to the Application that:

Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);

Contains personal information, except when we expressly ask you to provide such information;

Contains viruses or malware;

Offers unauthorized downloads of any copyrighted, confidential or private information;

Has the effect of impersonating others;

Contains messages by non-spokesperson employees of Homesome purporting to speak on behalf of Homesome or provides confidential information concerning Homesome;

Is purposely inaccurate, commits fraud or falsifies information in connection with your Homesome account or to create multiple Homesome accounts; or

Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following:

Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

Scanning or monitoring the Application for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;

Scanning or testing the security or configuration of the Application or to breach security or authentication measures; or

Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Application or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Application.

Using any of the following:

Frames, framing techniques or framing technology to enclose any content included on the Application without our express written permission;

Any Application content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;

The Application or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Homesome; or

The Application or any of its resources to solicit consumers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Homesome, including, without limitation, aggregating current or previously offered deals.

Collecting any of the following:

Content from the Application, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Application without our express written permission; or

Personal Information (defined in our Privacy Statement), User Content (defined in Section 10 below) or content of any consumers.

Engaging in any of the following:

Tampering or interfering with the proper functioning of any part, page or area of the Application or any functions or services provided by Homesome;

Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

Reselling or repurposing your access to the Application;

Accessing, monitoring or copying any content from the Application using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;

Violating the restrictions in any robot exclusion headers on the Application or bypassing or circumventing other measures employed to prevent or limit access to the Application;

Aggregating any current or previously-offered deals or content or other information from the Application (whether using links or other technical means or physical records associated with purchases made through the Application) with material from other sites or on a secondary site without our express written permission;

Deep-linking to any portion of the Application without our express written permission;

Hyperlinking to the Application from any other website without our initial and ongoing consent; or

Acting illegally or maliciously against the business interests or reputation of Homesome or our services.

Your Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms of Use, and available here.

Copyright and Trademarks

The Application contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Application are protected by copyright, trademark and other intellectual property laws of the United States. Homesome owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Homesome or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Homesome does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

Phontabulous, Inc. owns trademarks, registered and unregistered in the United States and “Homesome”, the Homesome logo and variations thereof found on the Application are trademarks owned by Phontabulous, Inc. or its related entities and all use of these marks inures to the benefit of Phontabulous, Inc.

Other marks on the Application not owned by Homesome may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Homesome unless otherwise stated, or may be the property of their respective owners. You may not use Homesome’s name, logos, trademarks or brands without Homesome’s express permission.

User Content

The Application may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Application from time to time. You may be required to have a Homesome account to submit User Content.

If you contribute any User Content, you represent and warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

Homesome shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Homesome as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Homesome shall have the right to remove any material from the Application in its sole and absolute discretion. Homesome assumes no liability for any User Content or other information that appears or is removed from the Application or elsewhere. Homesome has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Homesome makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Application or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

Public Nature of Your User Content.

You understand and agree that User Content is public. Any person (whether or not a user of Homesome’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Homesome is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.

Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Homesome. Other users may post User Content that is inaccurate, misleading or deceptive. Homesome does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Homesome. Homesome does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Application, including any objectionable User Content.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. NONE OF PHONTABULOUS, INC., ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE APPLICATION, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS, (II) OR USER CONTENT PROVIDED THROUGH THE APPLICATION. THE APPLICATION AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE APPLICATION, OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, HOMESOME HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE APPLICATION OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

Limitation of Liability

IN NO EVENT SHALL PHONTABULOUS, INC., ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE APPLICATION, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE APPLICATION; (B) PRODUCTS DELIVERED THROUGH THE HOMESOME APPLICATION; (C) YOUR INABILITY TO USE THE APPLICATION; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE APPLICATION; (E) OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION; OR (F) THESE TERMS OF USE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED ONE HUNDRED DOLLARS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Electronic Communications

When you use the Application or send emails to Homesome, you are communicating with us electronically and consent to receive electronic communications related to your use of the Application. We will communicate with you by email or by posting notices on the Application. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Application or from which you otherwise email us.

Indemnification/Release

You agree to defend, indemnify and hold harmless Homesome, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any User Content submitted or posted by you, in connection with the Application, or any use of the Application in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party.

Force Majeure

Homesome shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Homesome.

Assignment

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Homesome. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Homesome may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

Entire Agreement

The Terms of Use, including the incorporated Privacy Statement and other terms incorporated by reference, constitutes the entire agreement and understanding between you and Homesome with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Homesome with respect to such subject matter.

Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Application or Homesome’s services shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Homesome agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Cara County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

If any part of this Section 20 is ruled to be unenforceable, then the balance of this Section 20 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Additional Disclosures

No waiver by either you or Phontabulous, Inc. of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.

You are contracting with Phontabulous, Inc. Correspondence should be directed to: 175 Baypointe Parkway, #330, San Jose, CA 95134.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of Phontabulous, Inc., its subsidiaries, affiliates, Sponsors and Phontabuous, Inc. third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.


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