Effective Date: Nov 5, 2024

Welcome to www.homeeway.com. Please carefully review the following Terms of Service (“Terms”) before using any portion of the homeeway.com website ("Site"). BY ACCESSING THIS SITE, BROWSING, OR USING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND RESOLUTION PROVISIONS SUCH AS BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE REFRAIN FROM USING THIS SITE OR ANY SERVICES OFFERED THROUGH IT.

These Terms form a binding contract between you and homeeway (“we,” “us,” or “Company”). In addition to these Terms, your use of the Site is governed by our [Privacy Policy](link to privacy policy), which describes how we collect, use, and protect your information. If you have any questions about these Terms or our Services, feel free to contact us at support@homeeway.com.

Updates to These Terms
We may periodically update these Terms to reflect changes in our Services, policies, or the Site itself. Your continued use of our Services after such updates constitutes your agreement to the revised Terms. We encourage you to review these Terms regularly. homeeway reserves the right to discontinue the Site or restrict your access to it without notice. All disclaimers, limitations, and rights under these Terms survive any termination.

Privacy and Security
We take your privacy seriously. For information on our data practices, please review our [Privacy Policy](link to privacy policy).

Site Usage and Account Requirements
You represent and warrant that you are of legal age to enter into a binding contract and that you will use the Services for personal purposes only and in compliance with all applicable laws.

If you choose to create an account on homeeway.com, you agree to provide accurate, complete, and current information and to keep this information up-to-date. You may not select a username that impersonates another individual or that you have no right to use. You are responsible for securing your account, password, and any activities under your account. homeeway is not liable for any loss arising from unauthorized account use. Please notify us immediately if you suspect any unauthorized access to your account.

Communication Consent
By using our Services, you agree to receive communications from homeeway, including marketing emails and, if you opt-in, SMS messages. You may opt-out at any time following the instructions provided in our messages.

Acceptable Use Policy
You agree not to use the Services in ways that:

Infringe upon the rights of others, including intellectual property or privacy rights;
Violate any laws or regulations;
Are harmful, misleading, or defamatory;
Compromise the security of any account, including your own;
Engage in unauthorized data scraping, web crawling, or content copying;
Use the Services for unauthorized commercial purposes or solicitation.
Violating these terms may lead to termination of your account or access to the Site.

Product Information and Availability
Our product offerings, designs, and availability may change without notice and are subject to stock limitations. While we strive to display our products and colors accurately, screen settings and other factors can affect color representation, and we cannot guarantee exact matches. Prices and product information on our Site may be updated periodically and may differ from those on other websites or stores.

homeeway is not responsible for typographical errors or delays in information updates. We reserve the right to update product details, prices, and availability at any time.

Pricing, Billing, and Payment
Prices: Prices on the Site are subject to change. Once an order is confirmed, the price will not be adjusted, though items in your cart are not price-locked until the order is completed.

Billing: We use third-party payment processors to manage transactions. By making a purchase, you authorize homeeway to charge your payment method, including any associated fees, through these processors. You represent and warrant that you have the legal right to use your selected payment method.

Sales Tax: Sales tax, where applicable, is based on your delivery address. Customers purchasing for tax-exempt purposes should contact our customer service for assistance with refunds on qualifying purchases, pending verification.

Shipping and Risk of Loss: Risk of loss and title pass to you upon our delivery of items to the shipping carrier. homeeway is not liable for any damages, delays, or losses during transit.

Policy on Resale
Our products are intended for personal use. Purchases for resale are prohibited. We reserve the right to limit or cancel orders suspected to be for resale or commercial use and to restrict services for customers violating this policy.

Order Cancellation and Modifications
homeeway may limit, cancel, or refuse orders at our discretion, including orders from customers violating our policies. We reserve the right to modify or discontinue products without notice. Additionally, homeeway reserves the right to prevent specific users from making purchases on the Site.

Use of the Site

The materials displayed, performed, or available on homeeway.com (the “Site”)—including, but not limited to, text, graphics, data, articles, photos, products, images, illustrations, downloadable files, trademarks, logos, trade dress, packaging, product names, program names, slogans, and other content (collectively, the “Content”)—are protected by copyright and other intellectual property laws. You agree to adhere to all copyright notices, trademark rules, and restrictions associated with any Content accessed through the Site. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any User Submissions not owned by you or any Content, without the prior consent of the owner, or in a way that infringes upon someone else’s rights or these Terms. Content is the property of homeeway and its licensors.

You further agree not to download, display, or use any Content from the Site in the following ways: (a) in any publications, (b) in public performances, (c) on websites other than this Site, (d) in connection with non-homeeway products or services, or (e) in a manner that could cause confusion among consumers, dilute the strength of homeeway or its licensors' intellectual property, or infringe upon their rights. Misuse of Content or any third-party content (including User Submissions) appearing on this Site is strictly prohibited.

You understand that homeeway owns the Services and agree not to modify, publish, transmit, sell, reproduce (except as expressly permitted), create derivative works from, or otherwise exploit any part of the Site or Services without prior authorization.

User Submissions and License Grant

Any content or material you post, upload, share, or provide to the Site is your “User Submission.” To display your User Submissions on the Site, you grant homeeway a sublicensable, irrevocable, worldwide, royalty-free license to use, modify, publicly perform, display, and distribute your User Submissions. This license includes hosting, indexing, caching, distributing, and tagging any User Submissions, as well as the right to sublicense User Submissions to third parties. Note that this license does not transfer ownership rights in your User Submissions.

By submitting User Submissions, you represent that you own all rights necessary to do so and that our use of the User Submissions does not violate any rights of third parties. homeeway reserves the right to remove any User Submissions at its sole discretion without notice.

Intellectual Property Infringement Claims

If you are a copyright or trademark owner and believe your rights have been infringed upon, please contact us at privacy@homeeway.com. Your notification must include:

Identification of the copyrighted work(s) infringed;
Identification of the infringing material and its location on our Site;
Your physical or electronic signature, or that of a representative;
Your contact information;
A statement of good faith that the disputed use is unauthorized;
A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
Upon receiving a valid notice, we will promptly remove or disable access to the disputed content.

Disclaimer of Warranties and Limitation of Liability

homeeway provides the Site and Content “as-is” without any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free access to the Site. homeeway is not liable for any damages resulting from use or inability to use the Site, nor are we responsible for damages arising from any loss, data corruption, or unauthorized access. Certain limitations may not apply in jurisdictions that do not allow exclusions of certain warranties.

homeeway is committed to protecting your information but cannot guarantee secure internet transmission, as online communication is generally unsecure. You are responsible for safeguarding your password and all actions under your account.

Service Changes and Termination

We may update or discontinue any part of the Site or Services at any time. If you wish to delete your account, please contact us at support@homeeway.com. Termination may result in the deletion of associated User Submissions.

homeeway reserves the right to terminate access to the Site or your account for any reason, including any breach of these Terms. Provisions related to liability, intellectual property rights, and other terms that inherently survive termination will remain in effect post-termination.