These terms of use ("Terms") are an agreement between Homegirl Ltd. (referred to as "we", "us" or "our") and you (referred to as "you" or "your"), and sets forth the terms and conditions relating to your use of our website and services (collectively, “Website” or "Services").
It is important that you read these Terms before accessing or using the Website and/or Services so that you are aware of the terms of use relating thereto. In addition to these Terms, we encourage you to carefully review our Privacy Policy page, which govern how we use your data and information.
As a precondition for using the Website and/or Services, you must agree to these Terms. If you accept these Terms, you represent that you are age 18 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms.
By using the Website and/or by using or otherwise accessing the Services, you agree to these Terms. If you do not agree to these Terms, you may not enter the Website and/or use or otherwise access the Services.
If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), the following applies to you.
You may have the right to withdraw from these Terms, without the need to assign a reason, within 14 days from the day you first consented to them in the manner set forth immediately above.
To withdraw from these Terms, you must inform us of your decision to withdraw and discontinue your use of the Website and Services.
To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to nirit.homegirl@gmail.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable, non-transferable, limited right and license to use the Website and Services for your personal, non-commercial use.
Except as set forth above, you do not receive any other right and/or license to the Website, the Services and/or to any part of either of the foregoing thereof. We retain all right, title and interest in and to the Website and Services, including, but not limited to, all content, videos, photographs, audio-visual effects, themes, characters, copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Website and/or the Services, moral rights, in each case whether registered and/or registrable, or not, and all applications thereof. Unless expressly authorized by applicable law, the Website and Services, and any part thereof, may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.
The Website and Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services.
You agree that you will not, under any circumstances:
The content of the Website, such as property location, description, price, dimensions and/or size, photographs, floor plans, etc., is intended for general information alone, and we shall have no liability to the accuracy and/or wholeness of such information and/or data. We retain the right to makes changes and/or updates to any data and/or information posted on the Website, without the need to post a notice thereof and without prior notice.
During use of our Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through our Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Although our Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked websites, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any websites, which you access through a link from our Website. Your linking to any other off-site Website is at your own risk.
In addition to other terms as set forth in these Terms, you are prohibited from using our Website and Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related websites for violating any of the prohibited uses.
Availability, Compatibility, and Changes to the Services
We do not guarantee that the Website and Services are available at all times or will continue to be available in the future. The Website and Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Website and Services or parts thereof may be designed to be available only for a limited time, or their life cycle may be affected by technological developments or changes in consumer behaviour. Accordingly, We reserve the right to stop offering and/or supporting the Website and Services or parts thereof at any time, at which point your right to use the Website and Services or such parts thereof will be terminated automatically. We may limit, suspend or terminate the Website and Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Website and Services, if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms.
The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Website and Services are compatible with your device and its operating system.
Disclaimer of warranty
YOU AGREE THAT YOUR USE OF OUR WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow disclaimers such as those set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer of the Website and Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which We may be liable for a lack of conformity that you discover: (a) within two years from any one-time supply of the Website and Services; or (b) at any time during any continuous supply of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY OF AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE WEBSITE AND SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Website and Services.
You agree to indemnify and hold Us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of our Website or Services or any wilful misconduct on your part.
If you believe the Website and Services or any of its content infringes your copyrights, please send a notice to: Homegirl Ltd, Legal Department, via email to: nirit.homegirl@gmail.com.
Please include all of the following in your DMCA notice: (a) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works; (b) Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Us to locate the material; (c) Provide your full legal name, mailing address, telephone number, and (if available) email address; (d) Include the following statement in the body of the DMCA notice: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Us.
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
For United States residents, these Terms contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that any disputes arising between you and Us will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
If you are a United States resident or otherwise make any claim against Us in the United States, you expressly agree that any legal claim, dispute or other controversy between you and us arising out of or otherwise relating in any way to the Webiste and Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or our Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case We will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Us and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, to the extent the Dispute arises from: (a) A violation of our intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
You and Us agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
You may opt out of this obligation to arbitrate. If you do so, neither you nor We can require the other to participate in an arbitration proceeding. To opt out, you must notify Us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Homegirl Ltd., ATTN: Legal Department, via email at: nirit.homegirl@gmail.com. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to: Homegirl Ltd., ATTN: Legal Department, via email address at: nirit.homegirl@gmail.com, requesting arbitration and describing your claim.
We will provide 30-days’ notice of any changes to this Section “Binding Arbitration / Class Waiver” through the Website and/or Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
If you are not a United Stats resident, then the formation, interpretation, and performance of these Terms and any dispute arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv, Israel, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify these Terms or its policies relating to our Website or Services at any time, effective upon posting of an updated version of these Terms in our Website. When we do, we will revise the updated date at the bottom of this page. Continued use of our Website after any such changes shall constitute your consent to such changes.
These Terms set out the entire agreement between you and Us regarding the Website and Services and supersede all earlier agreements and understandings between you and Us.
We may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these Terms. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any failure by Us to exercise or enforce any of its rights under these Terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by our authorized representative.
If you would like to contact us to understand more about these Terms, or wish to contact us concerning any matter relating to it, you may send an email to nirit.homegirl@gmail.com.
