Terms & Conditions
It is therefore recommended that you carefully read these Terms.
House Rules is a company that develops, markets, and sells consumer products and their accessories, as well as maintains an internet blog.
The Internet connection is under your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Website, requires an online (Wi-Fi or 3G) connection between your device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication Website provider (such as your cellular company, or internet service provider), and according to its applicable terms of payment.
No Responsibility for Losses. House Rules is not responsible for any losses caused by use of any of House Rules’ products or services.
Your age. The Website is intended for use by users at or above the age of 18 years old, unless authorized or with the knowledge of a parent or guardian.
Feedback. Your feedback on the Website we provide is important to us. By accepting these Terms, you agree that any feedback you may provide is constructive and may be used by House Rules for whatever purpose House Rules deems necessary. You further agree that you claim no ownership to any feedback you may submit and to any implementation by House Rules of said submitted feedback.
Errors. House Rules is not responsible for errors or omissions in information. Further, House Rules is not responsible for any loss of data, any errors or omissions in the Website, or for the temporary unavailability of the Website. You retain the right to notify House Rules of any such errors or omissions.
Maintenance. House Rules will maintain the Website and address any bugs as soon as is practicable.
Subject to Change.
These Terms are subject to change without notice. The pricing used within the Website is also subject to change.
House Rules Website. House Rules hereby grants you a non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the Website for non-commercial purposes, subject to these Terms.
USING THE WEBSITE
When using the Website or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Website’s database for any purpose without the express written permission of House Rules. The Website may not be used in any way not expressly permitted by these Terms.
You may not sell or offer to sell any data that is freely or otherwise available for purchase on the Website. All data belongs to House Rules and may be used and/or sold by House Rules for any purpose whatsoever.
Except for your User Content, the Website and all materials therein or transferred thereby, including, without limitation, System, images, text, graphics, illustrations, logos, patents, trademarks, Website marks, copyrights, photographs, audio, videos, and music (the “House Rules Content”), and all Intellectual Property Rights related thereto, are the exclusive property of House Rules and where applicable, its Affiliates, and licensees (including other Users and data that is complimentary to the Website). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any House Rules Content. Use of the Website of any House Rules Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Website, including without limitation about how to improve the Website or our products (“Ideas” of “Feedback”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place House Rules under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, House Rules does not waive any rights to use similar or related ideas previously known to House Rules, or developed by its employees, or obtained from sources other than you.
There are certain conducts which are strictly prohibited on the Website. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at House Rules’ sole discretion) in the termination of your access to the Website and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or with anyone acting on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at the Website and/or Site, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without House Rules prior written consent; (iii) create a browser or border environment around the Content (no frames or inline linking); (iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Website and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Website and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, Software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Website and/or Site, or the servers or networks that host the Website and/or Site or make the Website and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Website and/or Site; (ix) frame or mirror any part of the Website and/or Site without House Rules prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Website and/or Site; (xi) forward any data generated from the Website and/or Site without the prior written consent of House Rules; (xii) transfer or assign your accounts’ password, even temporarily, to a third party; (xiii) use the Website and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Website, the Content and/or for non-personal or commercial purposes without House Rules express prior written consent; or (xv) infringe or violate any of the Terms.
TERMINATION OF USE OF THE WEBSITE
You may terminate your use of the Website at any time and for whatever reason. You are not obligated to advise House Rules of such termination. However, you agree to be contacted by House Rules for feedback as to why termination occurred
House Rules retains the right to block your access to the Website and discontinue your use of the Website, at any time and for any reason House Rules deems appropriate, at its sole and absolute discretion. To the extent possible, we will advise you of your account termination.
House Rules reserves the right to change, suspend, remove, discontinue or disable access to the Website (including, but not limited to, the Application) at any time without notice. In no event will House Rules be liable for the removal of or disabling of access to any portion or feature of the Website (including, but not limited to, the Application).
All intellectual property rights in and to the Site (www.House Rules.com), the Website and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either exclusive property of House Rules or exclusively licensed to House Rules. The Website is protected, among others, by United States Copyright Law, United States Trademark Law, or by provisions prescribed by any other law, in the United States and abroad.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Website, in any manner or means without the prior written consent of House Rules, is strictly forbidden. “House Rules”, the House Rules logo, and other trade and/or Website marks are property of House Rules and may not be used in any of the aforementioned means.
Any design or interactive features of the Website that may be created or that are specifically created and not protected under open source or license is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of House Rules.
House Rules may protect the Website by technological means intended to prevent unauthorized use of the Website. You undertake not to circumvent these means. Without derogating House Rules rights under these Terms or under any applicable law, infringement of the rights in and to the Website will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Website, and within your obligations to House Rules, you undertake to do so.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at www.houserulesllc.com (the “Site”) or when such revisions are made available via the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms, you must stop using the Website.
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Website must also be in accordance with the usage rules established by your mobile phone carrier or internet service provider.
When You register, You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Website (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to House Rules, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to House Rules.
You may use the Website if you are less than 18 years of age, unless authorized or with the knowledge of a parent or guardian. By using the House Rules application you verify that you are entering into this agreement with a clear mind.
House Rules is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and Websites. You are only authorized to create and use one account for the Website and are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application or Websites. You are under no obligation to use or continue to use the Application or Websites and may cease use of the Application or Websites without notice to House Rules.
GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in the Terms, House Rules grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (ii) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your use of the Application will immediately cease and you will have infringed the copyright and other rights of House Rules, which may subject you to prosecution and damages. House Rules reserves all rights not expressly granted to you in the Terms.
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
You agree that House Rules may collect and use technical data, personal information, and related information in connection with your use of the Website including, but not limited to, contact information and technical information about your device, and peripherals, that are gathered periodically to facilitate the features and functionality of the Website updates, product support and other Websites. You also consent to our communicating with you about the Website or in connection with the features, functions and activities contained in the Website. You also agree that any information that the Website obtains from your social media accounts be used for whatever purpose House Rules deems necessary.
COMPATIBILITY WITH MOBILE DEVICES
House Rules does not warrant that the Website will be compatible or interoperable with your mobile device or any other hardware, Software or equipment installed on or used in connection with your mobile device.
You acknowledge and understand that if accessed by a mobile device, the Website may require data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
When you use the Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or providing notices via the Website. Any such emails may include marketing and promotional content.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
INFORMATION AND PRESS RELEASES
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
PLEASE READ CAREFULLY. THIS SECTION LIMITS HOUSE RULES’S RESPONSIBILITY TO YOU FOR USE OF THE WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE WEBSITE.
DISCLAIMERSYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOUSE RULES DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE WEBSITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HOUSE RULES KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.
HOUSE RULES DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY HOUSE RULES OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You understand that the Website may be subject to downtime or may be otherwise unavailable for temporary periods of time due to maintenance or other reasons as We deem necessary. To the maximum extent allowed by law, We do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Website. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. You agree that we are not responsible or liable for any possible inadvertent inaccuracies in the information used by you on the Website.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE WEBSITE, AND THE INTERNET. HOUSE RULES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR INFORMATION, ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER COMMERCIAL LOSS, EVEN IF WE WAS ADVISED OF SUCH DAMAGES, FROM DELAYS, NONDELIVERIES, ERRORS, WEBSITE DOWN TIME, WEBSITE UNAVAILABILITY, MISDELIVERIES OR WEBSITE INTERRUPTIONS CAUSED BY THE WE PARTIES OR BY YOUR OR ANY OTHER USER’S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE HOUSE RULES SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY THE OTHER USERS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEBSITE OR THESE TERMS. EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS AS OUTLINED BELOW, EACH PARTY’S LIABILITY TO THE OTHER PARTY AND YOUR EXCLUSIVE REMEDY FOR YOUR BREACH OF ANY IMPLIED OR EXPRESS WARRANTY, OR FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO WE FOR USE OF THE WEBSITE. BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR COUNTRIES EACH PARTY’S AND ITS RESPECTIVE SUBSIDIARIES’ AND AFFILIATES’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless House Rules from all third-party liabilities, claims and expenses, including attorneys’ fees (“Claims”) arising from any breach of these Terms by You. However, notwithstanding the foregoing, You shall not be required to indemnify and hold House Rules harmless for such Claims arising out of House Rules willful misconduct, gross negligence or breach of these Terms. We agree to defend, indemnify and hold harmless You from any Claims that the Website infringes any patent, copyright, trade secret, or other proprietary right of a third party. A party being indemnified by the other party reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a party hereunder, and in such event, the party providing the indemnification shall have no further obligation to provide indemnification for such matter.
Legal Disputes. You agree that any claim or dispute at law or equity that has arisen or may arise between you and House Rules will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Please read this Section carefully. It affects your rights and will have a substantial impact on how claims between House Rules and You are resolved.
(a). Applicable Law. You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between You and House Rules, except as otherwise stated in this Agreement.
(b). Agreement to Arbitrate. You agree that any and all disputes or claims that have arisen or may arise between House Rules and You shall be resolved exclusively through final and binding arbitration, rather than in court, except that You may assert claims in small claims court, if the claim qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(c). Arbitration Procedures.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in the county in which House Rules is incorporated. If the value of the relief sought is $10,000 or less, House Rules and You may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on House Rules and You subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by House Rules and You unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall be bound by rulings in prior arbitrations involving you to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d). Costs of Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse House Rules for all fees associated with the arbitration.
(e). Judicial Forum for Legal Disputes.
Unless You and We agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, as a result of a court order, You agree that any claim or dispute that has arisen or may arise between You and We must be resolved exclusively by a state or federal court located in the State of Washington. House Rules and You agree to submit to the non-exclusive jurisdiction of the courts located within Union County, Washington for the purpose of litigating all such claims or disputes.
Nothing herein shall be construed as conveying title to the Website to You. The Website is and shall at all times remain the personal property of House Rules. You agree that it will never represent that the title to the Website is in anyone other than House Rules and shall never cooperate, whether actively or passively, with anyone claiming any right, title or interest in the Website, other than House Rules.
If any provision of this Agreement is unenforceable, such unenforceability shall not make any other provision hereof unenforceable. Any reference to any party includes its agents and employees. If any provisions of this Agreement conflict with any statute or rule or law in any jurisdiction wherein it may be sought to be enforced, then said provisions shall be deemed null and void to such extent, but without invalidating the remaining provisions.
The remedies of this Agreement provided in favor of either party shall not be deemed exclusive, but shall be cumulative, and shall be in addition to all other remedies in its favor existing at law or in equity. The failure or delay of either party in exercising any right granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by either party shall not exhaust the same or constitute a waiver of any other right provided herein.
Any failure by either party to require strict performance by the other party of any term, covenants or agreements herein shall not be construed as a consent or waiver of any breach of the same or of any other term, covenant or agreement herein.
This Agreement constitutes the complete agreement and understanding among the parties, and supersedes all prior or contemporaneous proposals, oral or written, understandings, covenants, agreements, arrangements and communications between them relating to the subject matter of this Agreement.
You acknowledge that you have had full opportunity to review this Agreement in detail and to seek independent legal representation and advice pertaining to this Agreement and either has done or has in its own independent business judgment chosen not to do so.
This Agreement shall not be construed against House Rules as the drafter of this Agreement.
All notices given by you or required under this Agreement shall be in writing and addressed to House Rules’ Agent:
David Postolski, Esq.
Gearhart Law, LLC
41 River Road
Summit, NJ 07901
c/o House Rules, LLC
LINKS AND COMMERCIAL INFORMATION IN THE WEBSITE
House Rules may incorporate in the Website advertisements and/or information of commercial nature. The source of such information may originate from House Rules or from third parties. If such information originates from third parties, House Rules cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by House Rules does not constitute a recommendation or encouragement to procure the goods or Websites advertised.
Insofar as the Website includes links to other websites or applications not operated or managed by House Rules, House Rules will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such Websites and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. House Rules will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of Websites you have accessed via links on the Website.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Website without the prior written consent of House Rules. House Rules may assign its rights in and to the Website to a third party at its sole and absolute discretion, provided that the third party undertakes House Rules obligations to you under these Terms.