HomeEscape.com, Inc. (“HomeEscape"), has created the HomeEscape website at www.homeescape.com (the "Website" or the "Site") to assist users in obtaining vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, or otherwise transacting business with our travel suppliers.
PLEASE READ THESE PAYMENTS, REFUNDS, AND CANCELLATION TERMS OF SERVICE (the “TERMS”) CAREFULLY AS THEY SET FORTH YOUR OBLIGATIONS WITH REGARD TO THE HOMEESCAPE SERVICES AND AFFECT YOUR LEGAL RIGHTS AND REMEDIES. BY USING THE HOMEESCAPE PAYMENT SERVICES AND CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR PAYMENT SERVICES.
The following terms apply to Owner Users’ use of the payment services provided by HomeEscape (“Payment Services”):
1.1. Eligibility. You must be at least 18 years old to use our Site and our Payment Services. By registering to use our Site and Payment Services, you represent and warrant that you are at least 18 years old.
1.4. Payments of Rents Due. Upon your election to use the Payment Services, Owner User authorizes HomeEscape to collect Rent amounts due for a Booking via credit card, debit card, and electronic funds transfer payments (together "Payments") from Renter Users on Owner User’s behalf in exchange for the fees and payments set forth in this Agreement. “Rent(s)” are defined as rent, security deposits, application fees, property damage protection insurance, and all other amounts, agreed between the applicable Renter User and Owner User.
1.5. Financial Preferences for Bookings.
1.5.1. “Payment Account” means a payment method that you have designated for use in connection with your HomeEscape Account, such as a credit card, debit card or PayPal to be used for Payment Services with HomeEscape.
1.5.2. “Deposit Account” means a deposit method that you have designated for use in connection with your HomeEscape Account, such as PayPal, direct deposit, a prepaid card or a debit card (where available) to be used for Payment Services with HomeEscape.
By adding a Deposit Account, you acknowledge and agree that HomeEscape will collect the full (or partial, depending upon the payment arrangement set by Owner User, as provided in Section 2.3 below) Payment for the Booking from the Renter User, and will initiate deposit of the collected amount to your Deposit Account within approximately 24 hours from the check-in date of the Booking, subject to bank processing delays and any fraud or risk holds imposed by HomeEscape or its Payment processor (it may take 5 to 7 business days for the funds to be made available in Owner User’s Deposit Account).
1.6. Authorization for Debits and Credits. You hereby authorize HomeEscape to access your bank account designated on the Registration Form for the following purposes:
1.6.1. to deposit Payments due to you; and
1.6.2. to debit any fees or charges owed to HomeEscape in accordance with these Terms, including fees related to chargebacks and Non-Sufficient Funds (“NSF”) prior to settlement to your bank account. In the event HomeEscape is unable to recover any fees for any reason, Owner User agrees to pay all reasonable costs of collection, including reasonable attorneys' fees, incurred by HomeEscape.
1.7. Right of Offset. In the event HomeEscape is unable to debit Owner User’s Payment Account for any fees or charges owed to HomeEscape or in the event of a Booking Problem (see Section 3.2.3 below), you authorize HomeEscape to deduct (off-set) such amounts from future Rent Payments. HomeEscape shall be entitled to offset any payment obligation that HomeEscape may have to you under these Terms against (1) Fees owed by you, (2) amounts overpaid to you due to a later reversal, refund, chargeback or other adjustment to prior Payment transactions, and (3) any other amounts owed by you to HomeEscape under these Terms or any other agreement.
1.8. Provision of Information. You agree to keep your financial account information current and up-to-date with HomeEscape. Failure to do so will result in Rents being misdirected, held by HomeEscape pending confirmation, or returned to Renter User. HomeEscape disclaims all liability for Payments if your financial account information is not kept current. HomeEscape may suspend or terminate without notice your ability to accept Payments if you fail to keep this information current or block HomeEscape’s ability to debit or credit your Payment Account or Deposit Account. You shall provide HomeEscape with such information as HomeEscape may lawfully require in order to promptly and accurately perform the Payment Services. You shall promptly notify HomeEscape of any and all inaccuracies in, or changes to, the information provided by you. HomeEscape shall in no event be liable for any damages directly or indirectly resulting from your failure to provide current and correct information.
1.9. Fraud and Risk Reviews. You hereby authorize HomeEscape to collect and verify the information provided by you on the Registration Form. HomeEscape shall be entitled to – but shall have no obligation to – use this information to perform customer due diligence, verify your identity, verify your ownership of the Property, and perform various fraud and risk reviews on you and will monitor the transactions through the Payment Services to protect the integrity of its systems and business. Based upon these reviews, HomeEscape will determine, in its sole discretion, whether it is able to offer you the Payment Services, and the manner in which it will settle Payments of Rents. Upon successful completion of the foregoing screening, HomeEscape will offer you the following settlement timelines:
1.9.1. Check-In Payments: Subject to bank processing delays and any fraud or risk holds imposed by HomeEscape or its Payment processor, you will receive the Renter User's Payment (net of any applicable fees and expenses incurred by HomeEscape or its Payment processor on behalf of the Renter User or Owner User) in your Deposit Account within 5-7 business days after the scheduled check-in date for the Renter User at the Property; provided, however, in the event a Renter User provides proper notice to HomeEscape within 24 hours after the scheduled check-in that the Property is not as described in the Listing, or there is some other issue with the Property, you authorize HomeEscape to return the Payment to the Renter User.
1.9.2. Security Deposit: Owner Users can choose to allow HomeEscape to hold a guest’s security deposit when they pay for a reservation using HomeEscape’s payment processing system. If this option is chosen and the Owner User has not submitted a damage claim to HomEscape, HomeEscape will release the security deposit to the Renter User within the number of days from the completion of the Renter User’s stay designated by the Owner User in its settings. Any changes related to security deposits (i.e., adding or removing a security deposit requirement) made by Owner User in settings will only take effect for future Bookings and will not retroactively effect Bookings already made prior to the date of the change.
If the Owner User chooses not to allow HomeEscape to hold the guest's security deposit, the Owner User will receive the full Booking amount in its Deposit Account, including the security deposit, and will be responsible for refunding the security deposit to the Renter User. In this case, returning the security deposit to the Renter User is arranged directly between the Owner User and the Renter User and is not facilitated by HomeEscape in anyway.
While we have no obligation to do so, we reserve the right to hold or withhold Payment to you if we suspect there has been fraud or other suspicious activity in connection with the Listing, Booking, or the Payment.
1.10. Chargebacks and Reversals. Owner User acknowledges and agrees that any Payment by a Renter User is subject to a right of chargeback if paid by credit or debit card or reversal if an ACH transaction, as these rights exist between the Renter User and his/her respective bank or credit card issuer. In the event of a chargeback or reversal of any Payment by a Renter User, HomeEscape will automatically deduct such amount plus any fees associated with the chargeback or reversal from your bank account. Thereafter, HomeEscape will open a resolution case and investigate the reason for the charge back. You agree to cooperate with HomeEscape and to provide any information that may be reasonably requested by HomeEscape in its investigation. In the event it is determined that the Owner User was not at fault in connection with the chargeback, HomeEscape will use commercially reasonable efforts to dispute the chargeback on your behalf. In the event it is determined that the chargeback was due to Owner User negligence , false information related to the Listing, or other similar circumstances, HomeEscape will, in its sole discretion, charge the Chargeback Fee to the Owner User. You are liable for all chargeback or reversals of Payments processed on your behalf by HomeEscape, including the Chargeback Fee listed in the Fees Schedule. You acknowledge that chargeback and reversal decisions are made by the applicable issuing bank or credit card networks and all judgments as to the validity of the chargeback or reversal is made at the sole discretion of the applicable issuing bank or credit card networks and that HomeEscape shall have no liability or responsibility in connection with any chargeback or reversal.
1.11. Payment for Services. In consideration for the Payment Services, you agree to pay HomeEscape the fees and charges described in the relevant Fees Schedule:
Payment Services Fees
1.12. Taxes. Owner User is responsible for any and all applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental entities of whatever kind and imposed with respect to the transactions under these Terms, including penalties and interest, but specifically excluding taxes based upon HomeEscape's net income. On an annual basis, HomeEscape may be required to report any Payments processed on your behalf to the IRS or other tax authorities. HomeEscape is not responsible for, and is not the entity collecting sales or income or other taxes with respect to the Payments. You will promptly provide HomeEscape with documentation as may be required by the applicable governmental entity in order for HomeEscape to process payments hereunder (including, without limitation, a valid certificate of your exemption from obligation to pay taxes as authorized by the appropriate governmental entity), and HomeEscape may withhold any Payments until you have provided the required documentation.
1.13. Limitation on Use of Services/Website. Owner User may only utilize the Payment Services for the payment of Rents as defined herein. You may not use, and hereby represent and warrant that you will not use, the Payment Services for any other purpose, including but not limited to the payment for any illegal activity, good, or service. You agree to comply with all HomeEscape policies, and any other limits concerning use of the Website and Payment Services, as updated by HomeEscape from time to time, including without limitation: (i) HomeEscape's requirements for data security; and (ii) any operating rules and/or policies of the card associations or networks that are used to process the Payments (as such may be updated from time to time). Notwithstanding anything any other terms of this Agreement, HomeEscape has the right (a) to change, suspend or discontinue the Services or Website, in whole or in part and (b) to impose limits on certain features or restrict access to parts or all of the Services or Website without notice and without liability when HomeEscape, in its sole discretion, determines necessary to protect the integrity of the Website and its operations, to avoid harm to others, or for any other reason. HomeEscape may decline to process any payment in connection with, among other reasons, fraud prevention activities, applicable law, or HomeEscape policies.
1.14. Payments. You acknowledge and agree that- (i) your rental of Properties are transactions between you and the relevant Renter User and not with HomeEscape or any of HomeEscape's affiliates; (ii) HomeEscape is a third-party Rent collector for you and is not a party to any transaction; (iii) HomeEscape will not be responsible for, and does not control, whether a Renter User will make any Rent Payment; (iv) HomeEscape is not a bank or other chartered depository institution; and (v) funds processed by HomeEscape or its service providers (including any bank service providers) in connection with the collection of Rents are not deposit obligations and are not insured for your benefit by any governmental agency.
1.15. Early Payment Plan Terms. HomeEscape offers an Early Payment Plan that allows Owner Users to receive Booking Payments for subscribed Properties early. See our Early Payment Plan Terms
2.1. Renter User Responsibility for Payments. Once a Booking is completed between a Renter User and Owner User, payment for the Booking must be made. HomeEscape provides Payment Services, which Owner Users may elect to participate in to facilitate payment using a third party payment processor. Alternatively, if a HomeEscape payment feature is not available (e.g., if the Owner User has not elected to use the Payment Services), payment must be made directly to the Owner User who posted the applicable Listing. In such instances, HomeEscape will not accept payment for Bookings, nor is HomeEscape responsible for any refunds. The separate agreement between the Renter User and the Owner User shall govern the payment terms and conditions for any Booking.
2.2. Authorization to Deduct. Where an Owner User has elected to participate in the HomeEscape Payment Services, Renter Users hereby authorizes HomeEscape to automatically deduct from the financial account provided by the Renter User at the time of Booking (your “Payment Method”) all amounts that are due for the Booking, including the cost of any Claims associated with damage to the Property. Renter User hereby certifies that he/she is authorized to effect charges to the credit card number provided to HomeEscape. In the case of any issues or disputes concerning any transaction under these Terms, Renter User will notify HomeEscape promptly to rectify the situation prior to notifying his/her credit card company. Renter User authorizes HomeEscape or its payment processor to store and charge Renter User's Payment Method as provided in these Terms. You agree that we may obtain any updates to your Payment Method from our financial services institutions to update our records for your Payment Method.
2.3. Split Payments. Once a Booking is completed between a Renter User and Owner User, payment for the Booking must be made. HomeEscape permits split Payments where designated by the Owner User. HomeEscape will inform the Renter User and Owner User by email concerning the status of the partial Payment, including but not limited to: payment arrangement dates (e.g., when each Payment installment is due, amounts (e.g., how much each Payment installment is), and parties concerned, as notified to HomeEscape by the Owner User in connection with a Booking. HomeEscape is liable or responsible for the facilitation or status of split Payments or other arrangements between Renter User and Owner User.
3.1. Cancellation Policies. Owner Users have the option to choose one of four refund policies to apply to its Listings (“Cancellation Policies”). Owner Users must designate in each Listing which one of the following Refund Policies apply to such Listing:
18.104.22.168. Bookings cancelled at minimum 7 days before the start of the stay will receive a 50% refund.
22.214.171.124. Bookings cancelled at minimum 14 days before the start of the stay will receive a 100% refund.
126.96.36.199. Bookings cancelled at minimum 14 days before the start of the stay will receive a 50% refund.
188.8.131.52. Bookings cancelled at minimum 30 days before the start of the stay will receive 100% refund.
184.108.40.206. Bookings cancelled at minimum 30 days before the start of the stay will receive a 50% refund.
220.127.116.11. Bookings cancelled at minimum 60 days before the start of the stay will receive 100% refund.
18.104.22.168. Bookings cancelled at minimum 60 days before the start of the stay will receive 100% refund.
3.1.5. No Refund.
22.214.171.124. No refund offered.
3.2. Refund Policy. In the event a Renter User experiences a Booking Problem, HomeEscape will, in its sole discretion, either (i) issue a refund of Renter User's Payment made through the Site, or (ii) use commercially reasonable efforts to find Renter User an alternative, substantially comparable Booking for any nights remaining in your original itinerary. HomeEscape’s decisions with regard to Booking Problems and whether to provide a refund or alternative Booking are final and binding on both Renter Users and Owner Users.
3.2.1. For purposes of this Section, a “Booking Problem” means:
126.96.36.199. The Owner User cancelled the Booking with little notice before the start of the Booking;
188.8.131.52. The Owner User failed to provide Renter User a means to access the Property (e.g., no key, key card or access codes were provided);
184.108.40.206. The Property does not materially conform to the Listing in terms of size, number/size of beds, number/size of rooms including bathrooms and kitchen, special amenities (e.g., air conditioning, cooking appliances, laundry facilities, pools, other utilities), or proximity to local attractions;
220.127.116.11. Presence of unanticipated occupants of the Property; or
18.104.22.168. Presence of unsanitary or unsafe conditions at the Property.
22.214.171.124. For the avoidance of doubt, if the Renter User caused, either directly or indirectly, the issue experienced by the Renter User, then such circumstances do NOT constitute a “Booking Problem” under these Terms.
3.2.2. Claiming a Booking Problem. If a Renter User experiences a Booking Problem, in order to submit a valid request for accommodation to HomeEscape, Renter User must (i) first use reasonable efforts to resolve the Booking Problem with the Owner User before contacting HomeEscape; (ii) after efforts to address the Booking Problem with the Owner User have been exhausted, notify HomeEscape in writing by email email@example.com or by phone number 888-423-0002 and provide detailed information and evidence regarding the Booking Problem within 24 hours of the occurrence of the Booking Problem; and (iii) cooperate and respond to HomeEscape’s requests for any additional information.
3.2.3. Owner User Obligations for Booking Problems. In the event HomeEscape determines in its reasonable discretion that there has been a Booking Problem and HomeEscape either issues a refund or provides an alternative Booking for Renter User, Owner User agrees to reimburse HomeEscape for amounts paid and costs incurred by HomeEscape in resolving the Booking Problem, and you agree that HomeEscape shall be entitled to offset any payment obligation that HomeEscape may have to you under these Terms for any amounts owed to HomeEscape due to a Booking Problem. In the event of a Booking Problem, this Section 3.3 controls over any Cancellation Policy included by Owner User in the applicable Listing. If the Owner User desires to challenge a reported Booking Problem you must (i) first use reasonable efforts to resolve the Booking Problem with the Renter User before challenging the Booking Problem with HomeEscape; (ii) after efforts to address the Booking Problem with the Renter User have been exhausted, notify HomeEscape in writing by email firstname.lastname@example.org or by phone 888-423-0002 and provide detailed information and evidence in support of your dispute regarding the Booking Problem. You agree that HomeEscape’s determination with regard to Booking Problems will be final and binding. HomeEscape reserves the right to take such actions that it determines in its reasonable discretion are appropriate in the event of multiple Booking Problems involving a particular Owner User, including but not limited to notifying Renter Users of Booking Problems via automated reviews, removing Listings, and terminating access to the HomeEscape Services.
3.3. Cancellation by Owner Users. Cancellations disrupts Renter Users’ plans and inject doubt in the HomeEscape community. In the event an Owner User cancels a Booking and there are no extenuating circumstances about which you notify HomeEscape in writing:
3.3.1. We strongly advise that Owner User issue a refund, within 7 days or less before a confirmed check-in if a guest reservation is cancelled by Owner User. There will be no cancellation fees charged to Owner User for cancellation. However, in the event that an Owner User cancels a reservation due to double booking renters, HomeEscape will charge a cancellation fee of 3.5% of the renter’s payment to your Payment Method.
3.3.2. Automated reviews: An automated review will be posted to your Listing’s profile indicating that you canceled one of your Bookings. You will be unable to remove these reviews, but you can always write a public response clarifying your reason for cancellation.
3.3.3. Unavailable/blocked calendar: Your calendar will stay blocked and you won’t be able to accept another Booking at that Property for the same dates of the canceled Booking.
3.3.4. In the event of a chargeback or dispute from the Renter User’s bank/credit card where Owner User has elected to participate in the Early Payment Plan, we will automatically debit the Rental Payment from the Owner User’s Payment Method to refund the Renter User pending investigation and resolution of the chargeback/dispute.
Whenever a Listing is denominated in any currency other than U.S. Dollars (a “Foreign Currency”), prior to confirming a Booking requested by a Renter User, any portion of the Payment due by the Renter User that is denominated in the Foreign Currency (e.g., Rent) shall be converted to U.S. Dollars (the “Conversion Amount”) at the prevailing currency exchange rate utilized by HomeEscape or its Payment processor from time to time, which may be based on data published by one or more third parties, such as https://currencylayer.com/ At the time of the Booking, the Conversion Amount in U.S. Dollars (together with its equivalent based on the Exchange Rate in the Foreign Currency) will be disclosed to the Renter User on the Site, prior to confirmation of the Booking. This information will also be disclosed in the receipt issued to the Renter User in connection with the Booking. Once the Booking is confirmed by the Renter User, the Renter User will be charged the Conversion Amount in U.S. Dollars plus any applicable fees or charges.
HomeEscape will retain the Payment received from the Renter User in connection with the Booking until such time as HomeEscape or its Payment processor sends the Renter User's Payment to the Owner User’s Deposit Account in accordance with Section 1.9 of these Terms. The amount sent to the Owner User (net of any applicable fees and expenses incurred by HomeEscape or its Payment processor on behalf of the Renter User or Owner User), will be the Conversion Amount in U.S. Dollars received by HomeEscape at the time the Booking was processed.
Renter User and Owner User hereby acknowledge and agree that such Payments will be subject to fluctuations in currency exchange rates and that due to such fluctuations, the Foreign Currency equivalent of the Conversion Amount at the time of the Booking may be substantially different than the Foreign Currency equivalent of the amount received by the Owner User at the time Payment is received by the Owner User. Renter User and Owner User assume all risk relating to or arising out of such fluctuations in currency exchange rates. Renter User and Owner User further acknowledge and agree that HomeEscape and its Payment processor support only certain currencies in connection with the Bookings, which may be subject to change from time to time and that Listings may be denominated in currencies different than the actual Payment received in connection with a Booking.
To the extent HomeEscape elects to issue a refund of a Payment (or any portion thereof) made in accordance with these Terms related to a Booking subject to this Section 4, HomeEscape or its Payment processor will issue such refund in the amount equal to the Conversion Amount in U.S. Dollars HomeEscape or its Payment processor received at the time of the Booking less any applicable fees and charges. By way of example, if the Conversion Amount in U.S. Dollars received by HomeEscape or its Payment processor at the time of the Booking was $100, then the amount that will be refunded to the Renter User in U.S. Dollars will $100.
Renter Users are responsible for leaving the Property in the same condition it was in at the start of your Booking. In the event a Renter User causes property damage to the rented Property, the Owner User may submit a claim for the damage to HomeEscape with evidence to support the claim and the cost of the damage (a “Claim”). We will notify the Renter User of the Claim. If no response is received from the Renter User within 48 hours, renter User agrees that HomeEscape shall be entitled to collect the cost of the damage from you using the payment method you provided for the Booking. In the event the Owner User did not utilize the HomeEscape Payment Services in connection with the Booking, Renter Users and Owner Users agree that any Claims must be resolved between the Renter User and Owner User and that HomeEscape has no liability or obligation to become involved.
If a Renter User stays at the rented Property beyond the scheduled Booking without the authorization of the Owner User, Renter User hereby agrees that HomeEscape shall be entitled to collect the cost of the additional nights plus a surcharge and applicable taxes from you using the payment method you provided for the Booking to cover the cost of your extended stay and any inconvenience caused to the Owner User.
HomeEscape is not responsible for and is not liable for any Listing, Claims, or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release HomeEscape (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
HOMEESCAPE DOES NOT PROMISE THAT THE WEBSITE OR PAYMENT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE, USE OF THE SERVICES, OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES (INCLUDING PAYMENT SERVICES) AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE YOU DO SO AT YOUR OWN RISK. HOMEESCAPE DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM HOMEESCAPE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. HOMEESCAPE SHALL IN NO WAY BE LIABLE TO YOU DUE TO ANY DISRUPTION OR UNAVAILABILITY OF THE SERVICES, PAYMENT SERVICES, OR WEBSITE DURING WHICH REGISTERED USERS ARE UNABLE TO ACCESS OR USE THE SERVICES, PAYMENT SERVICES, OR WEBSITE OR ANY FAILURES THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A PAYMENT OR THE SERVICES (INCLUDING PAYMENT SERVICES).
HOMEESCAPE DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HOMEESCAPE WEBSITE AND PAYMENT SERVICES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HOMEESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HOMEESCAPE WEBSITE AND RELATED SERVICES AND CONTENT.
You agree to defend, indemnify, and hold HomeEscape and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms. In the event that third parties believe they are harmed by your User Content posted on the Site, and such User Content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image in User Content without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold HomeEscape harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. HomeEscape shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. HomeEscape reserves the right to assign its rights and obligations under these Terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. HomeEscape’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between HomeEscape and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
Effective Date: The effective date of these Terms is Sept 14, 2016.
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