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Terms

Terms of Use Agreement
‍
Effective on March 15, 2024

1. INTRODUCTION

‍By accessing or using Home Sweet Homeshare's Services, you agree to be bound by this Terms of Service Agreement (the “Terms” or “Agreement”), so it is important that you read this Agreement carefully before you create an account.

‍PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND HOME SWEET HOMESHARE. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update the Terms from time to time, so check this page regularly for updates.Welcome to Home Sweet Homeshare. The terms "Home Sweet Homeshare," "us," "we," the "Company", and "our" shall refer to Home Sweet Homeshare. Together you and Home Sweet Homeshare may be referred to as the "Parties" or separately as “Party.”  By accessing or using our Services on www.homesweethomeshare.com (the “Website”), the Home Sweet Homeshare mobile application (the “App”), or any other platforms or services Home Sweet Homeshare may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.Your access and use of our Services is also subject to our Privacy Policy, Cookie Policy, Member Principles, and Safety Advice, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Home Sweet Homeshare (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

‍2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

‍Before you create an account on Home Sweet Homeshare, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Home Sweet Homeshare.You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

1. You are at least 18 years old;
2. You are legally qualified to enter a binding contract with Home Sweet Homeshare;
3. You are seeking a mutually beneficial co-housing relationship.
4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
5. You are not on any list of individuals prohibited from conducting business with the United States;6. You are not prohibited by law from using our services;
7. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
8. You are not required to register as a sex offender with any state, federal or local sex offender registry;
9. You do not have more than one account on our Services;
and10. You have not previously been removed from our Services.If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.

You agree to:
‍
- Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Use the latest version of the Website and/or App;
- Treat other users in a courteous and respectful manner, both on and off our Services and abide by our Member Principles;
- Be respectful when communicating with any of our customer care representatives or other employees;
- Review the Safety Tips; and
- Maintain a strong password and take reasonable measures to protect the security of your login information.
- Present yourself respectfully and authentically.

You agree that you will not:
- Misrepresent your identity, current or previous positions, qualifications, or affiliations with a person or entity;
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;-
Use our Services for any harmful, illegal, or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- Post or share Prohibited Content (see below);
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
- Use another user’s account;
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by Home Sweet Homeshare (see Section 6 below).
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Home Sweet Homeshare’s prior written consent;
- Express or imply that any statements you make are endorsed by Home Sweet Homeshare;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;- “Frame” or “mirror” any part of our Services without Home Sweet Homeshare’s prior written authorization;
- Use meta tags or code or other devices containing any reference to Home Sweet Homeshare or the platform (or any trademark, trade name, service mark, logo or slogan of Home Sweet Homeshare) to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
- Use, access, or publish the Home Sweet Homeshare application programming interface without our written consent;
- Probe, scan or test the vulnerability of our Services or any system or network;
- Encourage, promote, or agree to engage in any activity that violates these Terms; or  
- Create a new account after we suspend or terminate your account, unless you receive our express permission.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.Prohibited Content—Home Sweet Homeshare prohibits uploading or sharing content that:

- Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;  
- Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
- Involves the transmission of “junk” mail or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Home Sweet Homeshare or otherwise;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you or was automatically generated, unless expressly authorized by Home Sweet Homeshare;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;  
- Is inconsistent with the intended use of the Services; or
- May harm the reputation of Home Sweet Homeshare or its affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

‍3. CONTENT

‍It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Home Sweet Homeshare provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

‍3a. YOUR CONTENT  

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

‍3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.You do not have any rights in relation to Member Content, and, unless expressly authorized by Home Sweet Homeshare, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

‍3c. OUR CONTENT

‍Home Sweet Homeshare owns all other content on our Services.Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

‍4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

‍Home Sweet Homeshare does not tolerate inappropriate content or behavior on our Services.We are committed to maintaining a positive and respectful Home Sweet Homeshare community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also submit a report by clicking here.As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

‍5. PRIVACY

‍Privacy is important to us. We have a separate policy about it that you should read.For information about how Home Sweet Homeshare and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

‍6. RIGHTS YOU ARE GRANTED BY HOME SWEET HOMESHARE

‍Home Sweet Homeshare grants you the right to use and enjoy our Services, subject to these Terms.For as long as you comply with these Terms, Home Sweet Homeshare grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Home Sweet Homeshare and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

‍7. RIGHTS YOU GRANT HOME SWEET HOMESHARE

‍You own all of the content you provide to Home Sweet Homeshare, but you also grant us the right to use Your Content as provided in this Agreement.By creating an account, you grant to Home Sweet Homeshare a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Home Sweet Homeshare’s license to Your Content shall be non-exclusive, except that Home Sweet Homeshare’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Home Sweet Homeshare would have an exclusive license to screenshots of our Services that include Your Content.In addition, so that Home Sweet Homeshare can prevent the use of Your Content outside of our Services, you authorize Home Sweet Homeshare to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Home Sweet Homeshare is not obligated to take any action with regard to use of Your Content by other users or third parties. Home Sweet Homeshare’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).In consideration for Home Sweet Homeshare allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Home Sweet Homeshare regarding our Services, you agree that Home Sweet Homeshare may use and share such feedback for any purpose without compensating you.You agree that Home Sweet Homeshare may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

‍8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

‍You will have the opportunity to purchase products and services from Home Sweet Homeshare. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.Home Sweet Homeshare may offer products and services for purchase via credit card or other payment processors on the Website or App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Home Sweet Homeshare to charge the payment method you provide (your “Payment Method”). Home Sweet Homeshare may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Home Sweet Homeshare may terminate your account immediately in its sole discretion.If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing.To cancel a subscription, log in to the Website and go to the Customer Support section to Cancel your subscription. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.  In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds and are at the discretion of Home Sweet Homeshare.

‍9. ACCOUNT TERMINATION

‍If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.You can delete your account at any time by logging into the Website and following the instructions to terminate your membership. However, you will need to cancel any subscriptions to avoid additional billing.Home Sweet Homeshare reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Home Sweet Homeshare believes that you have violated these Terms, misused our Services, or behaved in a way that Home Sweet Homeshare regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.If your account is terminated by you or by Home Sweet Homeshare for any reason, these Terms continue and remain enforceable between you and Home Sweet Homeshare, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

‍10. CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS  

‍Home Sweet Homeshare does conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and review our Safety Tips.

YOU UNDERSTAND THAT HOME SWEET HOMESHARE USES A THIRD PARTY SERVICE TO CONDUCT CRIMINAL BACKGROUND AND IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Home Sweet Homeshare MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.Though Home Sweet Homeshare strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

‍11. DISCLAIMER

‍Home Sweet Homeshare’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.Home Sweet Homeshare PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.HOME SWEET HOMESHARE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES.FURTHERMORE, HOME SWEET HOMESHARE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.HOME SWEET HOMESHARE ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES Home Sweet Homeshare ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH Home Sweet Homeshare.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Home Sweet Homeshare IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

‍12. DIGITAL MILLENNIUM COPYRIGHT ACT  

‍We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.Home Sweet Homeshare has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.Any DMCA Takedown Notices should be sent to legal@homesweethomeshare.com or via mail to the following address: C/o Home Sweet Homeshare, Adam Kobel, Legal Department, 8 Auburn Road, Millbury, MA 01527.Home Sweet Homeshare will terminate the accounts of repeat infringers.

‍13. ADS AND THIRD-PARTY CONTENT

‍Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Home Sweet Homeshare is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Home Sweet Homeshare is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Home Sweet Homeshare is not responsible or liable for such third parties’ terms or actions.

‍14. LIMITATION OF LIABILITY

‍Home Sweet Homeshare’s liability is limited to the maximum extent allowed by applicable law.

‍TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Home Sweet Homeshare, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Home Sweet Homeshare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Home Sweet Homeshare'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Home Sweet Homeshare FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST Home Sweet Homeshare, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. DISPUTE RESOLUTION

‍In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed.Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.

‍15a. INFORMAL DISPUTE RESOLUTION PROCESS

‍If you are dissatisfied with our Services for any reason, please contact Home Sweet Homeshare Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Home Sweet Homeshare, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Home Sweet Homeshare” shall include our affiliates, employees, licensors, and service providers.Home Sweet Homeshare values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Home Sweet Homeshare Legal Department, 8 Auburn Road, Millbury, MA 01527. If Home Sweet Homeshare has a Dispute with you, Home Sweet Homeshare agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account.Your Notice must contain all of the following information: (1) your full name; (2) information that enables Home Sweet Homeshare to identify your account; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective.  Home Sweet Homeshare’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Home Sweet Homeshare agree to then negotiate in good faith in an effort to resolve the Dispute.As part of these good faith negotiations, if Home Sweet Homeshare requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. This informal process should lead to a resolution of the Dispute.However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Home Sweet Homeshare may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Home Sweet Homeshare engage in this informal dispute resolution process.Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

‍15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

‍TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND HOME SWEET HOMESHARE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND HOME SWEET HOMESHARE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST HOME SWEET HOMESHARE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS.IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND Home Sweet Homeshare AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

‍15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

‍Any dispute, claim, or controversy between you and Home Sweet Homeshare (that is not resolved informally by Home Sweet Homeshare Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section.“Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Home Sweet Homeshare may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Home Sweet Homeshare challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Home Sweet Homeshare’s other contracting parties.Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Home Sweet Homeshare (except for small claims court actions) may be commenced only in the federal or state courts located in Worcester County, Massachusetts. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

‍15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS  

‍Any arbitration between you and Home Sweet Homeshare shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, as modified by this Agreement.The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Home Sweet Homeshare that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision shall be final and binding except for any appeal right under the FAA.The arbitration shall be conducted by a single, neutral arbitrator, as assisted by any AAA staff. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the AAA Rules. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.Adherence to this Dispute Resolution Section satisfies the “reasonable efforts” requirement of the Uniform Domain Name Dispute Resolution Policy.

‍15e. FUTURE CHANGES

‍Notwithstanding any provision in this Agreement to the contrary, you and Home Sweet Homeshare agree that if Home Sweet Homeshare makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

‍16. GOVERNING LAW

‍Massachusetts law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).To the fullest extent allowable by law, the laws of Massachusetts, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.

‍17. VENUE/FORUM SELECTION

‍To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Worcester County, Massachusetts (except for claims filed in small claims court).Except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Home Sweet Homeshare that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Worcester County, Massachusetts. You and Home Sweet Homeshare consent to the exercise of personal jurisdiction of courts in the State of Massachusetts and waive any claim that such courts constitute an inconvenient forum.

‍18. INDEMNITY BY YOU

‍You agree to indemnify Home Sweet Homeshare if a claim is made against Home Sweet Homeshare due to your actions.You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Home Sweet Homeshare, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.

‍19. ACCEPTANCE OF TERMS

‍By using our Services, you accept the Terms of this Agreement.By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Member Principles, and Safety Advice, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

‍20. ENTIRE AGREEMENT

‍This Agreement supersedes any previous agreements or representations.These Terms, with the Privacy Policy, Cookie Policy, Member Principles, and Safety Advice, and any Additional Terms Upon Purchase, contain the entire agreement between you and Home Sweet Homeshare regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of Home Sweet Homeshare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Home Sweet Homeshare account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Home Sweet Homeshare in any manner.

‍21. SPECIAL STATE TERMS

‍Special terms apply in certain U.S. states.Special terms apply in Arizona, California, Colorado, Connecticut, Illinois,Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and WisconsinFor subscribers residing in New York:● The Services do not guarantee any number of “referrals”● Upon notice in writing and delivered to Home Sweet Homeshare Legal Department, 8 Auburn Road, Millbury, MA 01527. subscribers may place their subscription on hold for up to one year;● How your information is used and how you may access your information is set forth in our Privacy Policy;For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.‍

‍22. CONTACT INFORMATION

Home Sweet Homeshare is located at 8 Auburn Road, Millbury, MA 01527.You may contact us at legal@homesweethomeshare.com for any reason, or visit our website at www.homesweethomeshare.com.The Services are operated and provided by Home Sweet Homeshare, located in Massachusetts, United States. If you are a California resident, you may have this Agreement mailed to you by sending a letter to Legal Department, Home Sweet Homeshare, 8 Auburn Road, Millbury, MA 01527, USA specifying your mailing address and a copy of this Agreement will be mailed without charge.Home Sweet Homeshare provides access to its digital services from Massachusetts, United States of America. This Agreement is entered into in Massachusetts.

‍23. NOTICE TO CALIFORNIA CONSUMERS

‍Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. You may also wish to contact Home Sweet Homeshare at legal@homesweethomeshare.com before filing a complaint.

‍24. CONTACT US

‍If you have any questions about these Terms, please contact us at legal@homesweethomeshare.com.