Home Down Subscriber Terms and Conditions

SUBSCRIPTIONS AND PLANS

Home Down members have one of the following membership plans:

· Platinum Member

o 2-year subscription

o Company logo next to listing

o Guaranteed listing above Gold and Silver subscribers

· Gold Member

o 1-year subscription

o Company logo next to listing

o Guaranteed listing above Silver subscribers

· Silver Member

o 6-month subscription

o Company logo next to listing

All listings within a membership class will be alphabetical using the name of the company.

SUBSCRIPTION FEE, BILLING METHOD, AND AUTOMATIC RENEWAL

Membership Fee

Members shall pay a membership fee in order to be included on the Home Down website (“Website”) and any affiliated websites or mobile applications (collectively, the “Home Down Network”). Your membership fee is the amount you were charged for one term of your subscription, not including any promotions or discounts that may have been applied (the “Membership Fee”). Home Down reserves the right to modify its Membership Fees and billing methods as any time. Membership Fees shall be paid in advance by credit card or debit card before you will be listed on the Home Down Network.

Automatic Renewal

Home Down will automatically renew your membership for an additional term equal to the term of your previous membership level at the then-applicable rate for your membership level. For example, Platinum level membership shall automatically renew for an additional 2-year terms at the then-applicable rate for new Platinum membership. Automatic renewals shall be made using the credit card, debit card or other payment information on file with Home Down. Your renewal will occur on or about the expiration date of your then-present membership (the “Renewal Date”). Your membership shall continue to renew, and your payment method will continue to be charged, until you cancel your membership as provided below. Except as otherwise provided by law, Home Down will not provide you with notice prior to each annual renewal payment.

If the payment method on file with Home Down is not current at the time of automatic renewal, we will contact you for a current payment method. You will continue to be listed in the Home Down Network for fourteen (14) days. If Home Down does not receive good, valid payment within fourteen (14) days of your Renewal Date, your listing in the Home Down Network shall be removed.

Cancelling Your Membership

You can cancel your membership at any time. You must cancel your membership before the cancellation deadline to prevent automatic renewal for a subsequent membership term and to avoid being charged for the next membership term, as set forth under “Automatic Renewal.” If you cancel your membership, the cancellation will become effective at the end of the then-current membership term, provided that your notice of cancellation is received by Home Down at least thirty (30) days prior to your Renewal Date.

You may cancel your membership by contacting Home Down by first class certified mail at:
by telephone at (816) 841-7741
or by email at privacyofficer@HomeDown.com

Termination of Your Membership

Home Down may, for any reason in its sole discretion, immediately terminate your membership and your access to the Home Down Network. If Home Down terminates your membership for its convenience and you are not in breach of these Terms and Conditions, Home Down will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then-current term.

Termination of your membership will include removal of your listing from the Home Down Network, removal of your access to all offerings by Home Down, deletion of your password, deletion of all information and files maintained by Home Down, which may include the deletion of the information and content associated with your account, and barring your further use of the Home Down Network.

Content Guidelines

Home Down reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on the Home Down Network if Home Down determines, in its sole discretion, that such content contains or features any of the following:

(a) Offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and/or hate speech (e.g., racist/discriminatory speech);

(b) References to illegal activity;

(d) Statements that are or appear to be false; and/or

(e) Comments that disparage Home Down.

Violation of these content guidelines constitutes a breach of these Terms and Conditions and subjects members to termination of their membership for cause.

NO REFUND POLICY

EXCEPT AS PROVIDED UNDER “TERMINATION OF YOUR MEMBERSHIP,” REFUNDS WILL NOT BE PROVIDED FOR ANY MEMBERSHIP FEE. HOME DOWN DOES NOT PROVIDE CREDITs, REFUNDS, OR PRORATED BILLING FOR MEMBERSHIPS THAT ARE CANCELLED DURING THE MEMBERSHIP TERM. If you elect during the membership term to discontinue your membership, you will not receive a credit, refund or proration for the then-current Membership Fee, except as may expressly be limited by Federal, State or Local law. If you cancel your membership during the membership term, you will continue to have access to your membership until the end of the membership term and Home Down will continue to provide services to you until the end of the membership term.

PRIVACY POLICY

Home Down is strongly committed to protecting customer’s personal and financial information that is submitted by customers to us and we endeavor to safeguard it from unauthorized use and disclosure. This Privacy Policy (“Policy”) discloses our privacy practices and the potential uses of the information that we gather through the Home Down Network. By using the Home Down Network, you consent to the terms of this Policy. If you do not agree to the terms and conditions of this Policy, including the use of your personally identifiable information in any of the ways described in this Policy, you may not be able to use certain features of the Home Down Network, and, in some instances, this may necessitate the revocation of your membership. Home Down may, in its sole discretion, update this Policy at any time. It is your responsibility to review the Policy for changes each time you use the Home Down Network. Use of the Home Down Network following posting of a new Policy constitutes your agreement to and acceptance of the Policy as altered.

This Policy applies to all of the products and services offered through the Home Down Network.

Information Collected

Home Down collects information on its customers and users in various ways, including by voluntary submission, participation in services provided through the Home Down Network, from third parties with customer and user consent, and through cookie and other tracking technology. Home Down collects the following information:

Personal Information

"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.

Cellular Phone Numbers

By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Home Down, including by texting STOP.

Aggregate Information

We may collect general, non-personal, statistical information about the use of the Home Down Network, such as how many visitors visit a specific page on the website, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Home Down Network to make for a better visitor experience.

Third Party Information

We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.

Cookies

Home Down may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Home Down Network may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on our website as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.

Other Tracking Technologies

Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that the Home Down Network is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Home Down Network may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on the Home Down Network and other ways you interact with the Home Down Network, such as purchases made through the Home Down Network. These tracer tags are used to help us to optimize and tailor the Home Down Network for you and other users of the Home Down Network. We may link the information we record using tracking technologies to Personal Information we collect.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Home Down and its website do not recognize DNT.

Use of Information

Home Down uses the information it collects in many ways, including:

for internal review;
to improve the Home Down Network;
to optimize third-party offers of products and/or services;
to notify you about updates to the Home Down Network;
to let you know about products, services, and promotions that you may be interested in;
for our marketing purposes and the marketing of discounts offered through the Home Down Network by service contractors;
to fulfill and provide products and services, including personalized or enhanced services, requested by you;
internal business analysis or other business purposes consistent with our mission; and
to carry out other purposes that are disclosed to you and to which you consent.

Disclosures and Transfers of Information

We disclose Personal Information to third parties only when one or more of the following conditions is true:

We have your permission to make the disclosure;
The disclosure is necessary for the purpose for which the personal information was obtained;
The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
The disclosure is permitted by relevant law;
The Personal Information to be disclosed is otherwise publicly available in accordance with applicable law;
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
The disclosure is for our own marketing purposes (including, without limitation, for Home Down to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
The party to whom the disclosure is made controls, is controlled by, or is under common control with Home Down;
The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Home Down Terms and Conditions, even without a subpoena, warrant or court order; or
The disclosure is to outside businesses to perform certain services for us, such as maintaining the Home Down Network, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.

Prior to sharing of your Personal Information with others, agreements are made between Home Down and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Home Down becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.

We may provide certain Personal Information as a service to others for their marketing purposes. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.

We may also disclose aggregate visitor data in order to describe the use of the Home Down Network to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.

Data Security, Integrity, and Access

The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.

Personal Information may only be accessed by persons within our organization, our third-party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.

We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.

Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Home Down may assign you a user ID and a password as part of your participation and access to the Home Down Network. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.

Credit Card Information

We may share credit card information with trusted third parties in order to bill you for our services. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.

Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.

Third Party Websites and Links

Please note that you may have cookies placed on your computer by third party websites that refer you to our website. Although we do not share your Personal Information with these third-party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Home Down would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Home Down expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

The Home Down Network may contain links to other sites operated by third parties. Home Down does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Home Down’s inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Home Down Network. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.

Children's Privacy

Home Down does not intend the Home Down Network to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Home Down relies upon such parents or guardians to determine if the Home Down Network is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Home Down Network, such individual may only use the Home Down Network under the supervision of a parent or guardian of majority age.

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

Governing Law; Visitors Residing Outside the United States

This Privacy Policy and the privacy practices of Home Down will be subject exclusively to the laws of the states in which Home Down provides its services.

Your California Privacy Rights

This privacy policy describes how we may share your information for marketing purposes. It applies to all Home Down customers, including California residents:

We share information with others as more fully set forth above in Disclosures and Transfers of Information.
We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.

You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.

How To Contact us

All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:

Attn: Privacy Officer

Home Down

7280 NW 87th Terrace

Suite 210

Kansas City, MO 64152

E-mail: privacyofficer@HomeDown.com

We welcome your questions and comments.

MODIFICATION OF TERMS AND CONDITIONS

Home Down reserves the right to modify and/or restate within its sole discretion these Terms and Conditions whenever it so chooses. Such modification and/or restatement shall be effective immediately upon posting on the Website. Home Down will note the date of the last update on the first page of each version of the Terms and Conditions. You are responsible for regularly reviewing the Terms and Conditions. Your continued use of the Home Down Network after such modification will be deemed to be your acceptance of all modifications to the Terms and Conditions. If you are dissatisfied with any modification and/or restatement, your sole recourse is to discontinue use of the Home Down Network.

DELAYS

The Home Down Network is subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Home Down is not responsible for delays, failures or other damages resulting from such problems.

MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

Home Down reserves the right at any time to limit access to, modify, change or discontinue the Home Down Network with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Home Down Network. You agree that Home Down will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Home Down Network.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Home Down Network is provided by Home Down. If you have any questions, concerns, or complaints regarding the Home Down Network, please contact Home Down by either sending: (1) an email to privacyofficer@HomeDown.com; or (ii) a letter, first class certified mail, to Home Down, 7280 NW 87th Terrace, Suite 210, Kansas City, MO 64152, Attn: Member Services.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

COPYRIGHT MATERIALS

Aside from member-submitted content, all materials and other information on the Website and otherwise contained in the Home Down Network, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software are the exclusive property of Home Down and/or its licensors and are protected by all United States and international copyright laws.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT HOME DOWN IS NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, ECONOMIC, NON-ECONOMIC, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM (1) YOUR USE OF OR INABILITY TO USE THE HOME DOWN NETWORK; (2) DISCLOSURE OF, UNAUTHORIZED ACCES TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT; (3) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE HOME DOWN NETWORK; (4) ANY OTHER MATTER RELATING TO THE HOME DOWN NETWORK; OR (5) ANY BREACH OF THIS AGREEMENT BY HOME DOWN OR THE FAILURE OF HOME DOWN TO PROVIDE THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

You understand and agree that your access to the Home Down Network represents a substantial portion of the value you receive from your Home Down Membership Fee. THEREFORE, TO THE EXTENT HOME DOWN IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE HOME DOWN NETWORK, HOME DOWN’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF YOUR MEMBERSHIP FEE.

YOU ACKNOWLEDGE AND AGREE THAT HOME DOWN CONTRATCS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO HOME DOWN THROUGH THE USE OF A CREDIT CARD (“CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR HOME DOWN, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK SHALL BE LIABLE FOR ANY DAMAGES. YOU HEREBY RELEASE ALL SUCH PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF HOME DOWN TO PROVIDE SERVICES TO YOU UNDER THESE TERMS AND CONDITIONS OR ANY BREACH OF THESE TERMS AND CONDITIONS BY HOME DOWN. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALL SUCH PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THESE TERMS AND CONDITIONS. YOU HEREBY UNDERSTAND AND AGREE THAT HOME DOWN SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THESE TERMS AND CONDITIONS.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Home Down, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) your violation of these Terms and Conditions; (b) the inaccurate or untruthful content or other information provided by you to Home Down or that you submit, transmit, or otherwise make available through the Home Down Network, or (c) any intentional or willful violation of any rights of another or harm you may cause to another.

GOVERNING LAW

These Terms and Conditions and the relationship between you and Home Down is governed by the laws of the State of Missouri, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Jackson County, Missouri, and waive any defense of lack of personal jurisdiction, improper venue, or forum non conveniens to a claim brought in such court, except that Home Down may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.