HomeFi Terms of Service
Last Updated: September 11, 2023
If a term is not defined in these Terms of Service, you hereby agree that it shall be construed in accordance with customary usage in the wireless communication and technology industry. The words “shall” and “must” are mandatory and refer to required actions taken by you or HomeFi. The word “should” expresses an expectation on behalf of you or HomeFi but does not represent a mandatory requirement. The Portable Wireless 4G Device is hereby referred to as (the “Hotspot”) and the LTE Home Internet Router is hereby referred to as (the “Router”; collectively with the Hotspot, herein referred to as the “Devices”). Merchandise that is not associated with the Devices are hereby referred to as (the “Accessories”). Further, please note, the terms (“Monthly Data Plan”) and (“Subscription”) (each as defined in Section 8 below) are hereby used interchangeably.
BEFORE YOU PURCHASE AND/OR USE THE PRODUCTS AND/OR SERVICES, PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY PURCHASING AND/OR USING THE PRODUCTS AND/OR SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, PLEASE DO NOT PURCHASE AND/OR USE THE PRODUCTS AND/OR SERVICES. HOMEFI RESERVES THE RIGHT TO REFUSE PRODUCTS AND/OR SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH HOMEFI THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
- Fair Use Policy
Our goal at HomeFi is to provide high-speed and high-bandwidth internet access to our entire community of Users. To ensure we optimize our data network to provide the best speeds to our Customers, we practice an industry standard Fair Use Policy, consistent with most wireless communication providers and broadband company policies for data usage. Coverage is not guaranteed in all locations in the United States. In order to ensure Fair Use for all of our Customers, because our network is a limited resource, Customers who utilize a high amount of data will experience reduced network speeds, based on location and service. We strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming, and other online activities that consume large amounts of data.
- Acceptance of Terms of Service
2.1 These Terms of Service may be accepted by clicking the “I accept” button or checking a checkbox if such button or such function is available via the user interface for the respective product and/or service. Your acceptance of these Terms of Service begins when you: (a) accept the Terms of Service digitally during the submission of your order; or (b) commence the use of the products and/or services. By performing any of the proceeding actions, you indicate that you have carefully read and understood these Terms of Service and you agree to be bound by these Terms of Service. If you do not agree with the terms, conditions, and/or policies detailed in these Terms of Service, please refrain from purchasing and/or using the products and/or services. If you are currently using the products and/or services and no longer agree with the terms, conditions, and/or policies detailed in these Terms of Service, please terminate your use of the products and/or services immediately and contact us using the methods described in the “Contact” Section below.
2.2 If you are an individual accessing or using the product on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to these Terms of Service on behalf of yourself and such Organization, and you represent, warrant, and covenant that you have the legal authority to bind such Organization to these Terms of Service. References to “you” and “your” in these Terms of Service will refer to both the individual using the products and/or services and to any such Organization.
- Eligibility to Purchase
3.1 HomeFi will only allow purchases from adults who are at least 18 years of age. If you are not 18 years of age, you must represent that you are at least the age of majority in your respective state. If you are under the age of 18 and do not represent at least the age of majority in your respective state, please do not purchase any of the products and/or services. By clicking the “I accept” button or checking a checkbox if such button or function is available via the user interface for the respective product and/or service, you affirm that you are at least 18 years of age or represent that you are at least the age of majority in your state.
3.2 We reserve the right to refuse service to anyone for any reason at any time.
HomeFi asks and requests that you inspect all equipment upon receipt and verify that all products and/or services are in good working order and condition. It is your responsibility to ensure that you are available to receive and accept the delivery of the product. If upon delivery and inspection, you are not satisfied with the product(s) and/or service(s), please see and utilize our Return Policy and/or contact us using the methods described below in the “Contact” Section below.
- Use of Products and/or Equipment
You agree to use all products and equipment in accordance with these Terms of Service and with their respective provided instructions or starting guides. You further agree to NOT partake in any of the following:
- make repairs or modifications, or alter in any way, the product or equipment (including but not limited to the swapping of a non-authorized equipment battery);
- remove or alter any certification markers affixed to the product or equipment;
- use the product or equipment for any illegal purposes, including in violation of your jurisdiction (including but not limited to copyright laws);
- use the equipment, products, services, or its content: (i) for any unlawful purpose, (ii) to solicit others to perform or participate in any unlawful acts, (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (iv) to infringe upon or violate HomeFi’s intellectual property rights or the intellectual property rights of others, (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (vi) to submit false or misleading information, (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the product or services or of any related website, other websites, or the Internet, (viii) to collect or track the personal information of others, (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose, or (xi) to interfere with or circumvent the security features of the services or any related website, other websites, or the internet.
If any of the violations above take place, you agree to be bound by the applicable fees outlined in our Return Policy. HomeFi reserves the right to terminate your use of the products and/or services for violating any of these prohibited uses.
- Accuracy of Content
HomeFi will take reasonable efforts to accurately display the attributes of the products and/or services we provide and sell. HomeFi does not warrant nor represent that product descriptions, service descriptions, or other content is accurate, complete, or error free. Please note, all prices and promotions are subject to change. HomeFi cannot confirm the availability or price of an item until you place your order. Despite HomeFi’s efforts, an item may not be available, the offer may have been misstated, or an item may be mispriced. HomeFi may cancel your order or contact you for instructions on the order for, any of the reasons listed above or other reasons not specified herein. HomeFi also reserves the right to limit quantities and to revise, suspend, or terminate a promotion, product, or service at any time without notice.
- Pre-Owned Products
We are committed to environmental sustainability and reducing our carbon footprint. As part of our dedication to preserving the environment, we employ a responsible and eco-conscious approach towards Products, particularly in the case of our pre-owned Products. We believe in the power of reusing quality electronics to reduce waste and minimize the consumption of natural resources. Our selection of pre-owned Products go through a testing and screening process to ensure they meet our internal quality standards. PLEASE NOTE, while Homefi takes reasonable efforts to maintain the safety, privacy, functionality and performance standards of each pre-owned device, HomeFi does not warrant nor represent any safety, privacy, functionality, and/or performance standards or Product guarantee as it relates to pre-owned Products. If you believe your pre-owned Product may be damaged, please contact us using the methods described in the “Contact” section below.
- Fees & Charges
As it relates to the Monthly Data Plan, (as defined below) HomeFi provides a prepaid subscription service. Subscribers are required to pay upfront for their chosen Monthly Data Plans (associated links, which can be found further below) and will be charged according to the Monthly Data Plan selected. The following fees and charges apply to all HomeFi Monthly Data Plans:
Monthly Data Plan: Our Monthly Data Plan billing cycles consist of two different cycles for Users, depending on the date of their initial purchase.
If Initial Purchase Was Made Prior to April 1, 2023: If your initial purchase was made prior to April 1, 2023, you received notice that your future billing cycles would be migrated to the first (1st) of every month.
- If You Did Not Object: If you did not object to this notice, your billing cycle was migrated to the first (1st) of the month billing Cycle. Upon such migration, you received a prorated credit, based on the difference between thirty (30) days and days unused in your initial billing Cycle. Please note, by not responding to this notice, you agree that you did not object to the respective billing migration.
- If You Did Object: If you objected to the notice, your initial thirty (30) day billing cycle continued.
- If initial Purchase Was Made on or after April 1, 2023: If you purchased a Monthly Data Plan on or after April 1, 2023, your initial thirty (30) day billing Cycle continues.
- If Initial Purchase Was Made Prior to April 1, 2023: If your initial purchase was made prior to April 1, 2023, you received notice that your future billing cycles would be migrated to the first (1st) of every month.
Please note, the above is subject to change at any time by HomeFi. If a change is to occur to our billing Cycles, you shall receive sufficient notice of our billing migration and you will have the opportunity to object to any future billing migration.
As Users who objected the notice are billed on a separate cycle from all other Users, a “Cycle” shall refer to thirty (30) days from the date of your initial purchase or every first (1st) of the month, regardless of the days that make up the month. A HomeFi Internet Plan Monthly Renewal (as reference on our respective website or landing page for the respective products and/or services) (a “Subscription” or “Monthly Data Plan”) will be charged prepaid and automatically, Cycle-to-Cycle, to your payment method (credit card or debit card). Please note, HomeFi may adjust your billing cycle, upon prior sufficient notice, whether by email, call, or text. The cost of the Monthly Data Plan varies according to the amount of data that you have purchased. Subscribers can choose from various Monthly Data Plans offered by HomeFi. HomeFi offers four (4) different Monthly Data Plans (which may be subject to change) with various associated data availability amounts. The Monthly Data Plans for our Hotspot can be found here and the Monthly Data Plans for our Router can be found here. Please note, Subscriptions may be subject to change on a case-by-case basis in association with your Payment Plan (as described in Subsection (g) of this Section).
- Service Fees: The Service Fee is a small fee, charged every Cycle, for the cost of HomeFi powering your Device(s) and keeping it active every Cycle. The service fee is charged on top of the Monthly Data Plan, which covers the selected data amount you purchased. A monthly Service Fee of $3.50 will be applied to all HomeFi Subscriptions. Please note, Service Fees may change on a case-by-case basis in association with your Payment Plan.
- Duty / VAT / Tax Charges: Depending on the location of where your purchased products are being shipped to, you may be subject and responsible for the associated and respective Duty / VAT / Tax Charges.
- Device Cost: Customers who ordered Device(s) before September 11, 2023 received it for no charge and must return the Devices upon cancellation or termination of your service and may be subject to a Device Recovery Fee as outlined in Subsection (f) of this Section. Customers who ordered Devices after September 11, 2023 shall not receive the Devices for no charge, but are subject to the following:
- Customers must rent/lease the Device(s). You will be billed the monthly rental/lease rate quoted to you at the time of purchase alongside your selected Monthly Data Plan. Rent/lease rates may be subject to applicable taxes. All rental/lease payments shall be due alongside payments for your selected Monthly Data Plan. In the event of cancellation, either by you or by us, or termination of your service, you must return your rented/leased Device(s) and may be subject to a Device Recovery Fee as outlined in Subsection (f) of this Section. Rent/lease prices may be subject to change upon prior notice to Customers.
- The Device(s) are the property of HomeFi. Renting/leasing the Device(s) does NOT give you title and ownership to the Devices. You may not assign, rent, or transfer the Device(s) or your rights or obligations as it relates to the Device(s) under these Terms of Service to another person or entity. You agree to not mishandle, abuse, misuse, or improperly store or operate the Device(s).
- Subject to applicable federal, state, and local laws, HomeFi may (a) stop offering to rent/lease the Device(s), (b) change any of the terms and conditions as it relates to use, ownership, and operation of the Device(s), (c) modify the monthly rental/lease rate.
- Shipping Fee: Customers will be subject to associated shipping fees as it relates to the purchase of Devices and Accessories. Additionally, shipping fees may be subject to associated taxes (as described in Subsection (c) of this Section).
- Device Recovery Fee: You may be subject to a Device Recovery Fee upon cancellation or termination of your Monthly Data Plan. PLEASE NOTE, UPON CANCELLATION OR TERMINATION OF YOUR MONTHLY DATA PLAN, EITHER INITIATED BY YOU OR BY US, THE DEVICES MUST BE RETURNED TO US. IF THE DEVICES ARE NOT RETURNED IN ACCORDANCE WITH THE HOMEFI RETURN POLICY, YOU MAY BE SUBJECT TO FEES INCLUDING, BUT NOT LIMITED TO, A $130.00 DEVICE RECOVERY FEE FOR THE HOTSPOT AND/OR A $200.00 EVICE RECOVERY FEE FOR THE ROUTER. For more information on our Return Policy, please see the HomeFi Return Policy.
- Payment Plan: We may offer the option to pay for the products, services, and/or associated fees in installments, subject to these Terms of Service. These installments will affect your billing date(s) and your associated fees and payments. If you choose to pay in installments, you agree to make the associated payments in accordance with the agreed-upon schedule. If you do NOT make a payment in full and in accordance with the agreed upon schedule that is provided to you, HomeFi reserves the right to terminate your service and employ any measures detailed in these Terms of Service.
By subscribing to HomeFi services, you agree to pay all fees and charges associated with your Monthly Data Plan, including those listed above. HomeFi reserves the right to change fees and charges at any time, with or without notice.
- HomeFi Warranty
HomeFi offers a twelve (12) month warranty on its Devices, purchased at the discretion of its Customers for $2.99 per Month (subject to change). Customers who purchase the warranty are eligible to receive a respective Device replacement at no charge. (I.E. if you purchased a Router, you are subject to a replacement for a Router, and a Router only. If you purchased a Hotspot, you are subject to a replacement for a Hotspot, and a Hotspot only.) Please note, the HomeFi Warranty that you purchased is eligible for replacement, if and only if, one of the following occurs: (i) battery damage; (ii) poor signal; and/or (iii) limited battery life. Customers who experience these conditions must return the damaged device in order to receive their respective replacement Device. Please note, the HomeFi Warranty does not cover lost or stolen Devices. The HomeFi Warranty also does not cover damage caused by the Customer, whether accidental or intentional.
Please note, as discussed and referenced above in this Section, the twelve (12) month warranty is limited and applicable to Devices, and Devices only. The twelve (12) month warranty does not apply to Accessories (as defined above).
By purchasing the products and/or services, you acknowledge that you accept the practices and policies detailed in HomeFi’s Return Policy. We encourage you to review HomeFi’s Return Policy before purchasing a product and/or service in order to stay informed on your and HomeFi’s obligations for returns.
PLEASE NOTE, BY ACCEPTING THESE TERMS OF SERVICE, YOU HEREBY AGREE THAT UPON TERMINATION OR CANCELLATION OF YOUR SERVICE, WHETHER SUCH TERMINATION OR CANCELLATION IS EITHER INITIATED BY YOU OR INITIATED BY US, THE ROUTER AND HOTSPOT MUST AND SHALL BE RETURNED. FOR MORE INFORMATION ON CHARGES EXCLUDED FROM REFUNDS AND YOUR ELIBALITY TO RECEIVE A REFUND(S), PLEASE SEE THE HOMEFI RETURN POLICY.
How to initiate a return/refund
You may initiate the return/refund process by contacting our support in the following channels:
If you have any questions or concerns regarding HomeFi’s Return Policy or how to initiate a return, please contact us using the methods described in the “Contact” Section below.
- Ownership of Device(s) and Accessories
By purchasing a Monthly Data Plan with HomeFi, you are provided with Devices to power your data. Please note, you will obtain property rights as to the specific Devices for and limited to your personal use and not for resale or distribution. Such limitation to personal use, as described in the preceding sentence, shall only be applicable during the duration of your continued monthly service. In the event that either you or we terminate or cancel your service, you must return the Devices to us by following the instructions set forth in Section 10. Accessories, however, are considered final sale and ownership and title are permanently transferred to the Customer (no returns required). For lost, damaged, or unreturned Devices and/or Accessories please refer to the HomeFi Return Policy.
- User Feedback
12.1 By using the products and/or services provided by HomeFi, you acknowledge and agree that any comments or feedback provided by you may be used, reproduced, and/or published by HomeFi for promotional and/or marketing purposes without any compensation to you.
12.2 You understand that any comments or feedback you provide to HomeFi will become the property of HomeFi and may be used by HomeFi for any purpose, including, but not limited to, improving the quality of its products and/or services, developing new products and/or services, and enhancing the overall User experience.
12.3 HomeFi reserves the right to edit, delete, or refuse to post any comments and/or feedback that it deems inappropriate and/or offensive. You agree that your comments and/or feedback will not violate any rights of any third party, including, but not limited to, intellectual property rights, privacy rights, and publicity rights.
12.4 You also acknowledge that any comments or feedback you provide to HomeFi will be considered non-confidential and non-proprietary. HomeFi shall have no obligation to keep any such information confidential and may use it in any way it chooses. By providing comments and/or feedback to HomeFi, you represent and warrant that you have the right to provide such comments and/or feedback and that such comments and/or feedback do not infringe the rights of any third party.
If you do not agree to these terms, you should refrain from providing any comments or feedback to HomeFi.Top of Form
- Disclaimer of Warranties
EXCEPT FOR THE HOMEFI WARRANTY SET FORTH IN SECTION 9 ABOVE, HOMEFI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE DEVICES OR THIS AGREEMENT. HOMEFI CANNOT WARRANT ITS PRODUCTS AND/OR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS AND REQUIREMENTS, OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. HOMEFI CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD-PARTY PRODUCTS AND/OR SERVICES. HOMEFI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES, AND ANY THIRD-PARTY PRODUCTS AND/OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE DEVICES AND FOR ANY RELIANCE ON ANY THIRD-PARTY PRODUCTS AND/OR SERVICES.
WHILE HOMEFI WILL DELETE ALL PERSONAL INFORMATION LEFT ON RETURNED DEVICES, YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING YOUR PERSONAL INFORMATION PRIOR TO RETURNING DEVICES.
- Limitation of Liability
In no case shall HomeFi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products, services, or products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
HomeFi’s total aggregate liability to you, from all causes of action and under all theories of liability, will be limited to and will not exceed the total amount of fees paid by you under these Terms of Service. This limitation will apply notwithstanding the failure of essential purpose of any remedy hereunder.
- Third-Party Products and Services
15.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement whatsoever. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our website, homefi.info, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
15.2 Certain content, products, and services available through our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party.
15.3 HomeFi may contact Users via a multitude of methods, including, but not limited to, the following: (i) email; (ii) text; (iii) call; and/or (iv) various social media messaging tools and applications. Additionally, HomeFi and its affiliated third parties may contact Users on our behalf for marketing, security, payment, or other purposes. By subscribing to HomeFi services, you agree to receive communications from HomeFi and its affiliated third parties through any of the above-mentioned methods. You also acknowledge and agree that HomeFi and its affiliated third parties may use automated technology, including pre-recorded messages and text messages, to contact you. If you wish to opt-out of marketing communications, you may do so by contacting HomeFi via the methods described in the “Contact” Section below. Please note that even if you opt-out of marketing communications, you may still receive communications from HomeFi or its affiliated third parties related to your account such as payment reminders or security updates.
15.4 By agreeing and accepting to these Terms of Service, you hereby consent and agree that HomeFi and/or any collections agencies that work on behalf of HomeFi may contact you about your account status, including, but not limited to, the following: (i) past-due or current charges; (ii) the use of pre-recorded calls; (iii) emails; (iv) live-calls; and/or (v) messages delivered by an automatic telephone dialing system to any wireless phone number, contact number, or email address you provide to us. HomeFi will treat any email address you provide to us as your private email that is only accessible by you; you acknowledge that we may send you receipts, notices, and other documentation regarding your service to this email address. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide to us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Expiration or termination of your service will not relieve you of any payment obligations hereunder. You may not assign or transfer any of your rights or obligations under these Terms of Service without HomeFi’s prior written consent. You agree that HomeFi may assign these Terms of Service without prior notice in the event of a merger, acquisition, or sale of all or part of HomeFi’s business. If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof). Additionally, if any provision, Section, and/or clause in these Terms of Service is found to be invalid or unenforceable, the remaining provisions, Sections, and clauses will remain in full force and effect. The invalid or unenforceable provision, Section, and/or clause will be replaced by a valid, enforceable provision, Section, and/or clause that most closely matches the intent of the original provision, Section, and/or clause.
- Governing Law and Arbitration
Let’s try to sort things out first.
Please contact firstname.lastname@example.org to attempt to resolve any and all disputes. If a dispute is not resolved within sixty (60) days of submission, you or HomeFi may proceed to formal dispute resolution.
The Terms of Service agreement between HomeFi and its Users shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You and HomeFi agree that any legal action, suit, or judicial proceeding to resolve claims relating to these Terms of Service will be brought in the courts of New York County, New York, subject to the Mandatory Arbitration Provisions below. Both you and HomeFi consent to venue and personal jurisdiction in such courts.
Mandatory Arbitration Provision
BOTH PARTIES AGREE WAIVE THEIR RIGHT TO TRIAL BY JURY, AND INSTEAD TO ARBIRATE. YOU AND HOMEFI AGREE TO RESOLVE ANY CLAIMS RELATING TO THESE TERMS OF SERVICE THROUGH FINAL AND BINDING ARBITRATION, INCLUDING DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS “MANDATORY ARBITRATION PROVISION” SECTION, INCLUDING ITS ENFORCEABILITY, REVOCABILITY, OR VALIDITY.
YOU AND HOMEFI AGREE THAT ANY ISSUE, CLAIM, CONTROVERSY, OR DISPUTE THAT ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS MANDATORY ARBITRATION PROVISION, SHALL BE DETERMINED BY ARBITRATION IN THE NEW YORK COUNTY AREA BEFORE ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE ARBITRATING CLAIMS RELATING TO COMMERICAL CONTRACTS (IN A MANNER THAT IS FAIR AND TRANSPARENT TO BOTH PARTIES), SELECTED BY HOMEFI AND IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (‘AAA’). THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
NO CLASS ACTIONS. You may only resolve disputes with HomeFi on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. You and HomeFi agree that in NO event shall any claim, action, or proceeding be brought as a class action, collective action, or representative action.
This Mandatory Arbitration Provision is optional. You may decline or opt out of this Mandatory Arbitration Provision by sending a written and signed notice to email@example.com within thirty (30) calendar days of purchasing the products and/or services. PLEASE NOTE, failure to send a written and signed notice within thirty (30) days of your purchase of the products and/or services constitutes acceptance of this Mandatory Arbitration Provision.
By agreeing to these Terms of Service, you agree to indemnify, defend, and hold harmless HomeFi and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and other Customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys' fees, in any way connected with: (a) a breach of these Terms of Service, (b) any dispute between you and any third-party product, service, or site, which you engaged through the products and/or services, and (c) any unauthorized or illegal use or distribution of the products and/or services.
- Force Majeure
In the event that HomeFi fails to perform any obligation pursuant to these Terms of Service due to an “act of god”, or an act of any government, terrorism, riot, labor strike(s), industrial dispute(s), war, accident, any deficiency in materials or transportation, or any other cause of any nature beyond HomeFi’s control, such failure shall not be deemed to be a breach of this Agreement provided that HomeFi takes reasonable measures to notify you of the existence and nature of the reason for the nonperformance and/or delay, and HomeFi resumes performance immediately upon the conclusion of the relevant force majeure. HomeFi will make reasonable efforts to mitigate the impact of such event on its customers.
HomeFi reserves the right to modify, amend, or replace any part of these Terms of Service, including Fees & Charges (identified in Section 8 of this Agreement), at any time. Any changes that we make to these Terms of Service will be reflected on this page, and the revised date will be updated at the top of the page. We encourage you to review this page periodically to stay informed about your rights and obligations. If any material changes are made to these Terms of Service, a notice will be displayed on our website, homefi.info, prior to the effective date of the changes. Note that your continued use or access to the products and/or service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any modification of these Terms of Service, your sole remedy is to discontinue your use of our service and/or products. The most current version of these Terms of Service supersedes any and all previous versions.
If you have any questions or concerns regarding these Terms of Service, please contact us by e-mail at firstname.lastname@example.org.