Welcome to HOMEID. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.homeid.com, which is comprised of various web pages operated by the Company (“Site”). This Agreement may be modified at any time by us upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at the Site. Each use by you shall constitute and be deemed to be your unconditional acceptance of this Agreement.
By using the Site, you acknowledge and agree that you have been assigned a specific HOMEID as a service to you by the builder of your home and/or your insurance provider. The Site is owned, operated and maintained by Quality Built, LLC, a Delaware limited liability company (the “Company”, “we”, “us”, “our”), as a service to allow the builder to share with you photos taken during the course of construction of your home, floor plans, warranty manuals, owner manuals and other information related to your home, or your insurance provider to share with you reports related to your home. Post-escrow, the builder may continue to use the Site to send out newsletters, updates to manuals or alert you of product recalls. The information shared with you by the builder and/or insurance provider is strictly in the sole discretion of the builder and/or insurance provider. You acknowledge and agree that the Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns shall have no obligation or responsibility whatsoever for the content or sharing of information with you by the builder and/or insurance provider.
You may elect to upload your own personal documents, which may include home maintenance records, plans and permits from a remodeling project, or a home inventory which would be easily accessed in the event of an insurance claim. If you sell your home in the future, you may choose to remove your personal documents, and transfer the rights to the Site and the documents supplied by the builder to the subsequent homeowner. Your HOMEID is a secure, password protected webpage. The builder and/or insurance provider shall only have access to the information they provide, and not to your personal documents. You acknowledge and agree that the Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns shall have no obligation or responsibility for your personal documents uploaded to the Site, or for any information you choose to share with subsequent owners of the home.
2. Privacy. In addition to this Agreement, your access to and use of the Site is also governed by our Privacy Statement. Please review our Privacy Statement at www.homeid.com.
3. Copyrights, Trademarks and Patents. All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by the Company or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws, and patent, trademark, and other proprietary rights. Content shall include but not be limited to text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, and scripts. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of the Company and is protected by applicable copyright laws. We grant you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited, except as expressly permitted in this Agreement, or other such written agreement with us. The Company and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license, ownership rights or other claim, interest or title in any content or to the Company's or any third party's intellectual property rights.
4. Information Posted by Third Parties. The information and materials submitted to your HOMEID by the builder of your home and/or your insurance provider (the “Materials”) are provided for your use and review in accordance with this Agreement. The Materials are provided to your HOMEID account at the sole discretion of the builder and/or insurance provider and do not necessarily reflect the opinions of the Company or any of its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns. We cannot and do not guarantee the accuracy or completeness of the Materials. The Materials may contain technical inaccuracies and typographical errors.
You acknowledge and agree that the Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns are in no way responsible or liable for the availability or content of the Materials provided by the builder, insurance provider or any third parties. The Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns make no representations whatsoever about any Materials provided to the Site by the builder, insurance provider or any third parties. Any concerns regarding the Materials, products or services offered by such third party should be directed to the specific third party.
5. Information Posted by You. As part of your use of the Site, you will be able to post documents, photos, receipts, home maintenance records, plans and permits from a remodeling project, a home inventory which would be easily accessed in the event of an insurance claim, and other materials and information (“User Content”) to your HOMEID account. User Content will be kept at a secure, password protected webpage. Builders and/or insurance providers will only be able to view information posted by them, not User Content. You agree the Company, as the operator of the Site, may view the User Content, which shall be subject to the Company’s Privacy Statement. You acknowledge and agree that the Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns shall have no obligation or responsibility for or related to the User Content.
By posting User Content to your HOMEID account, you warrant and represent that you have the right to use such User Content. You acknowledge and agree that the Company is under no obligation to you to police, monitor or remove User Content and the Company makes no guarantee with respect to the completeness, accuracy, integrity or quality of User Content. The Company reserves the right to supervise the uploading of any Materials or User Content to your HOMEID account but we are under no legal obligation to do so.
You agree that the Company and its affiliates may use your name, email address, telephone number and/or HOMEID to access, review, edit and modify the Materials and other information associated with your account.
6. Intended Audience. This Site is intended for adults only, 18 years of age and older.
7. Trademarks. Trademarks appearing on this Site and/or the Materials submitted to your HOMEID are protected by law and you cannot use any such trademarks in any manner without the express written permission of the trademark owner.
8. Site Use. The Company grants you a limited, revocable, nonexclusive license to use this Site. Except as provided by written agreement with the Company, use of this Site is strictly prohibited for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other unauthorized use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of this Agreement, other written agreement with us, or any law. You further represent and warrant that you own or otherwise control all of the rights to the information you provide to the Site, including without limitation financial information, and agree that you shall not use false contact or financial information, pretend to be someone other than yourself or otherwise mislead us or third parties. The use of this Site is at the discretion of the Company, which may terminate your use of the Site at any time, in its sole discretion. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You agree that you shall not submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes the Company’s or any third party’s intellectual property rights or other rights; (iii) intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (iv) non-public information about a company or individual without the express written authorization to do so; or (v) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
9. Links to Third Party Sites. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the Company’s control and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.
10. Typographical Errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product or service information, we shall have the right to refuse or cancel any orders placed for the product(s) or service(s) listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
12. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
We have no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
13. Indemnification. You agree to indemnify, defend and hold Quality Built, LLC and its directors, officers, members, shareholders, partners, employees, affiliates, successors, and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and legal costs, related to your breach of this Agreement and/or use of the Site.
14. LIABILITY DISCLAIMERS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
15. Termination or Access Restriction. We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with or without notice.
16. Transferring Your HOMEID. . You may transfer your HOMEID to a subsequent purchaser of your home upon prior written notice to the Company at [email protected]. Before transferring your HOMEID, we recommend that you remove from your account all personal documents that you do not wish the purchaser to be able to view. You will be solely responsible for removing the personal documents before transferring the HOMEID. You acknowledge and agree that the Company, its affiliates, subsidiaries, members, directors, officers, employees, successors and assigns, shall have no obligation or responsibility whatsoever for the documents remaining with the HOMEID upon transfer or the use of the HOMEID and/or Site by any subsequent homeowner.
17. HOMEID Is Intended Only for U.S. Residents. The Site is solely directed to individuals residing in the United States. We make no representations that the Site and any content or functionality available through the Site and its associated features are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for complying with local laws, to the extent they are applicable.
18. Applicable Law. Our performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
19. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Site.
20. Merger, Sale or Bankruptcy. In the event the Company is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how the Materials or User Content is treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the terms of use and/or privacy policy of the purchaser or assignee.
21. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
22. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site.
23. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
24. Copyright and Trademark Notices. All content of the Site, except the Materials and User Content, are the sole property of the Company. All rights reserved.
Trademarks: The names of companies and products and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Notices And Procedure For Making Claims Of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Quality Built, LLC.
25. Contact Information.
Quality Built, LLC
401 SE 12th Street, Suite 200
Fort Lauderdale, FL 33316
Phone: 954.358.3503; Fax: 954.358.3501
www.qualitybuilt.com