Terms of Use

This website (the “Site”) is owned and operated by Home Dynamix, LLC and/or its subsidiaries or affiliates (“Home Dynamix”). These website Terms of Use (“Terms of Use”) apply to your use of this Site.

Throughout the Site, the terms “we,” “us” and “our” refer to Home Dynamix. Home Dynamix provides this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use.

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

These Terms of Use apply only to your use of the Sites, and was last updated as of September 2020. We expressly reserve the right to revise these Terms of Use at any time and such revision shall be posted here. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

DATA INTEGRITY

You represent that all of the information, data and other materials you provide on this Site or to Home Dynamix through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

PRIVACY POLICY

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at http://www.homedynamix.com/privacy-policy. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.

LICENSE AND SITE ACCESS

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Home Dynamix, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

Home Dynamix grants you a limited license to access and make personal use of this Site. Home Dynamix or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Home Dynamix’s sole discretion. Home Dynamix strictly prohibits any other use of any content available through the Site, including but not limited to:

  1. any downloading, copying or other use of the content or the Site for purposes competitive to Home Dynamix or for the benefit of another vendor or any third party;
  2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
  3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
  4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

any action that imposes or may impose (in Home Dynamix’s sole discretion) an unreasonable or disproportionately large load on Home Dynamix’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Home Dynamix.

Home Dynamix reserves the right to prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Home Dynamix neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Home Dynamix. Termination of your access or use will not waive or affect any other right or relief to which Home Dynamix may be entitled, at law or in equity.

ADDITIONAL PERMISSIONS

You may request additional permissions to use the Site by contacting us as described on the Site. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.

You may make no use of the Site not expressly allowed in these Terms of Use until and unless we contact with you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of the site will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

MONITORING USE OF SITE

We reserve the right, but does not undertake the obligation, to monitor the use of the Site, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any content on the Site, but assume no liability based on its acceptance, rejection, modification or failure to modify any content on the Site.

LINKS

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Home Dynamix. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Home Dynamix is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, HOME DYNAMIX MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF CONTENT ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. HOME DYNAMIX DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER HOME DYNAMIX NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOME DYNAMIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HOME DYNAMIX SHALL NOT BE LIABLE FOR ANY ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH HOME DYNAMIX IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND HOME DYNAMIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITIES

You will indemnify and hold harmless Home Dynamix from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Home Dynamix and such parties, and shall defend Home Dynamix and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. of foreign law or the rights of a third party. Home Dynamix will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Home Dynamix.

ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to Home Dynamix, you are communicating with Home Dynamix electronically. You consent to receive electronically any communications related to your use of this Site. Home Dynamix will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Home Dynamix intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Home Dynamix Sites.

ACCESS TO PASSWORD PROTECTED SITE FEATURES

Access to and use of any password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Home Dynamix immediately. Home Dynamix may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

TRADEMARKS AND COPYRIGHTS

The trademarks, logos and service marks (“Marks”) and content, including but not limited to the Home Dynamix materials, pictures and designs (“Copyrights”) displayed on the Site are the property of Home Dynamix or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks and/or Copyrights for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Home Dynamix or such third party which may own the Marks and/or Copyrights. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Home Dynamix’s express written consent. Further, you may not utilize any Site content, Marks and/or Copyrights in any meta tags or any other “hidden text” techniques or technologies without Home Dynamix’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

GENERAL

If any of the provisions set forth in these Terms of Use or the Terms of Service are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Service. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use or the Terms of Service and the relationship between you and Home Dynamix will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

Mandatory Binding Arbitration. The parties to these Terms of Use or the Terms of Service agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Site/the Application or these Terms of Use or the Terms of Service. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in New York, New York and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms of Use or the Terms of Service (despite any other choice of law provision).

Arbitration under these Terms of Use or the Terms of Service shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at: https://www.adr.org.
Any Notice of Arbitration should be mailed to us at the following address:

Legal Dept.

Home Dynamix, LLC

100 Porete Avenue

North Arlington, NJ 07031

Attn: Legal Department

CC: consumerprivacy@tncliving.com

CC: gelias@glmeliaslaw.com
Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
Waiver of Rights, including to Trial by JuryBy agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

Notwithstanding any other provision of these Terms of Use or the Terms of Service, Home Dynamix may resort to court action for injunctive relief at any time.

The failure of Home Dynamix to act with respect to a breach of these Terms of Use or Terms of Service by you or others does not waive Home Dynamix’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Home Dynamix does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Termination and Suspension

You agree that Home Dynamix may terminate or suspend your access to and use of the Site if Home Dynamix reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Home Dynamix, its affiliated companies or any third party, with or without notice to you. You agree that Home Dynamix may modify or discontinue providing any of the Site, with or without notice to you. You agree that Home Dynamix will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of Liability” and “General Provisions” will survive termination of these Terms of Use.

CHANGES TO THESE TERMS OF USE

You acknowledge and agree that Home Dynamix may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. The current version of these Terms of Use is available at http://www.homedynamix.com/terms-of-use. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use constitute the entire agreement and understanding between you and Home Dynamix with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at customerservice@tncliving.com

Updated Date: September 2020

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