TERMS OF SERVICE

Thank you for selecting the services offered by JB Companies, LLC, (d/b/a HomeOnTrack, and hereinafter referred to as “HomeOnTrack,” “We,” “Our,” or “Us”), including the HomeOnTrack web application (the “Web App”), the HomeOnTrack Image Clipper Web Extension (the “Web Extension”), the HomeOnTrack mobile application (the “Mobile App”), and HomeOnTrack.com (the “Website”).  Please read these Terms of Service (the “Agreement”) carefully.  This Agreement is a legal agreement between you and HomeOnTrack.  HomeOnTrack and its associates agree to provide the Services defined below to you subject to this Agreement.  Your right to use the Services is personal to you.  You represent and warrant that you have the legal authority to agree to the Terms of Service and to use this website.

You acknowledge and agree to be bound by this Agreement by using or accessing the Services, including visiting HomeOnTrack.com.  If you do not agree and consent to be bound by this Agreement, please do not access, use, or view the Services.

  1.  AGREEMENT

This Agreement describes the terms governing your use of the Website, the Web App, the Web Extension, and the Mobile App, including content, updates, and new releases, (collectively, the “Services”).  This Agreement includes by reference HomeOnTrack’s Privacy Policy, and additional Terms and Conditions, which may include Terms and Conditions from third parties.

  1.  CHANGE IN TERMS

This Agreement is subject to change.  Any changes will be posted to the Website from time to time.  Your continued use of the Services after any changes are posted shall be deemed your conclusive acceptance of the change to the Agreement.

  1.  PRIVACY

Please review our Privacy Policy, posted on the Website, for an overview of how HomeOnTrack collects and uses any data transferred from you to HomeOnTrack.

  1.  ELECTRONIC COMMUNICATIONS

When you visit the Website, access the Web App or Mobile App, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1.  HOMEONTRACK’S CONTENT

(a)  All intellectual property in or related to the Services, including text, images, notice, software, logos, graphics, and other content, except for Your Content (defined below) (“HomeOnTrack’s Content”), are protected by applicable copyright, patent, trademark, and other laws.  The Services and all related intellectual property are the property of HomeOnTrack, unless otherwise indicated.  Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.  You shall not acquire any ownership rights by using the Services.

(b)  Subject to this Agreement, HomeOnTrack grants you a limited, non-exclusive license to use and access the Services, and a limited, non-exclusive license to use and access HomeOnTrack’s Content in connection with your use of the Services.  Unless expressly agreed to by HomeOnTrack (such as through the creation of a Contractor or Vendor Account, or other written agreement with HomeOnTrack), you agree that you will not use the Services for any public or commercial purpose.  We may terminate this license at any time for any reason.  Should your license be terminated and your use of the Services be subject to a periodic subscription fee pursuant to this Agreement, the periodic fee paid by you for the period that your license is terminated will be refunded to you on a pro rata basis.  Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

(c)  The Services, including the Web Extension, enables access to third-party content, products, and/or services, and it offers interactions with third-parties over which HomeOnTrack does not control.  HomeOnTrack assumes no liability for your access or use of any such third-party content, products, and/or services, or your interactions with other third-parties through the Services.  You agree that your use of the Services, including the Web Extension, will conform with all applicable laws, including intellectual property laws, and you agree that HomeOnTrack is not responsible for your use of the Services, and that you will hold HomeOnTrack harmless should you use the Services in an improper or illegal manner.  You agree that you will not provide access to or give any part of the Services to any third-party, and that you will not make the Services available on any file-sharing or application hosting service.  Your use of the Services does not amount to an endorsement or verification by HomeOnTrack.  HomeOnTrack makes no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on or through the Services by any party.

(d)  You may not copy, download, redisplay, distribute, modify, repost, reproduce, transmit, reverse engineer, decompile, create a derivative work, or otherwise exploit HomeOnTrack’s Content without HomeOnTrack’s express written consent.  HomeOnTrack expressly prohibits the use of use of data mining, robots, or similar data gathering and extraction tools in your use of the Services.

(e)  We may change or discontinue the Services, as well as the information that we offer through the Services at any time without prior notice to you and without any liability to you.  Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend it.

  1.  YOUR CONTENT

(a)  The Services allow you to post and upload material, including but not limited to, home design and budgetary specifications, photos, messages, and commentary (hereinafter collectively referred to as “Your Content”).  You agree and acknowledge that all material that you post, upload, or enter through your use of any comment, message board, or chat features of the Website may be viewed by the general public and will not be treated as private or confidential information.  

(b)  Through your use of the Services, you hereby grant to HomeOnTrack and HomeOnTrack’s affiliates, licensees and sub-licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free worldwide license for HomeOnTrack to use and distribute, in any manner, Your Content (including the right to sublicense through multiple tiers), or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content.

(c)  HomeOnTrack acknowledges and agrees that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to HomeOnTrack in the above paragraph, and that no ownership of such copyrights is transferred to us under this agreement.  Subject to HomeOnTrack product and user experience considerations, we will not license or sublicense to third parties individual photos or collections of photos uploaded to the Services by you, except in each case for a HomeOnTrack business purpose (“Business Purpose”).  A Business Purpose means any use in connection with the Services, or any use which advertises, markets or promotes HomeOnTrack, its affiliates, the Services, or the information the Services contains.  

(d)  You agree that you are responsible for any lost or unrecoverable content, and that it is your responsibility to back-up, or otherwise archive your content.  HomeOnTrack recommends that you do this frequently.  

(e)  By posting Your Content on through the Services, you represent and warrant to HomeOnTrack that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant HomeOnTrack the rights to the use of Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.  

(f)  You agree that HomeOnTrack is not responsible for the content or data that you submit through the Services.  You agree not to use, nor to permit any third-party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

(i)  Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

(ii)  Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

(iii)  Except as permitted by HomeOnTrack in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

(iv)  Virus, trojan horse, worm or other disruptive or harmful software or data; and

(v)  Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

(g)  You are responsible for ensuring that your content does not violate this Agreement or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.

(h)  HomeOnTrack reserves the right to monitor, edit, alter, or remove Your Content, in whole or part, for any reason (which may include a reported violation of this Agreement or of United States or international intellectual property law).  We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice.  HomeOnTrack does not regularly review or monitor content.  HomeOnTrack may disclose any information necessary to satisfy any legal obligation of HomeOnTrack, protect HomeOnTrack customers, or to properly operate the Services.  

(i)  HomeOnTrack has no obligation to delete content or material that you may personally find objectionable or offensive.  HomeOnTrack will endeavor to promptly respond to content removal requests pursuant to the Copyright and DMCA provision below.

  1.  COPYRIGHT AND DMCA

(a)  All content associated with the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HomeOnTrack or its content suppliers and protected by United States and international copyright laws, except for Your Content, or the content of other users.  As stated in the “Your Content” section of this Agreement, you and other users of the Services represent and warrant that they possess the requisite legal rights to permit and allow HomeOnTrack to use the content posted or uploaded to the Services.  If you infringe upon the copyright, trademark, patent, or other intellectual property rights of others, the content that you post or upload to the Services may be removed in whole or in part.

(b)  If you have a good faith belief that materials hosted by or appearing in the Services infringe your copyright, trademark, or other intellectual property rights, you or your authorized agent may send HomeOnTrack a notice requesting that the material in question be removed, or that the material be rendered inaccessible to the general public (a “DMCA Request”).  The notice must contain the following information as required by the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3)(A):  (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HomeOnTrack to locate the material; (iv) information reasonably sufficient to permit the HomeOnTrack to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c)  Please be advised that HomeOnTrack will not respond to requests that do not at least substantially comply with sections (ii)-(iv) of the above paragraph pursuant to 17 U.S.C. § 512(c)(3)(B)(ii).  If any of Your Content is removed or disabled from the Services pursuant to a DMCA Request, HomeOnTrack will take reasonable steps to promptly notify you that it has removed or disabled access to the Content.  If you feel that the DMCA Request was submitted in error, you may submit a DMCA counter-notification (a “DMCA Counter-Notice”) to HomeOnTrack.  HomeOnTrack will provide the person submitting the DMCA Request with the DMCA Counter-Notice.  HomeOnTrack will then replace the removed material or enable access to the disabled material not less than 10, nor more than 14, business days following receipt of the DMCA Counter-Notice, unless it receives notice from the person filing the DMCA Request that such person has filed an action seeking a court order to restrain you from engaging in infringing activity.

(d)  A DMCA Counter-Notice must be in writing and must contain substantially the following information:  (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which HomeOnTrack may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(e)  DMCA Requests and DMCA Counter-Notices must meet current statutory requirements at the time the Request or Counter-Notice is submitted, and should be sent to the agent identified below.  HomeOnTrack strongly recommends that you consult legal counsel before filing a DMCA Request or DMCA Counter-Notice.  The DMCA contains provisions penalizing false claims.

(f)  Agent to Receive Notices of Claimed Infringement

Email:  info@homeontrack.com

JB Companies, LLC

3800 American Blvd. West

Suite 1500

Bloomington, MN 55431-4429

Phone:  507-382-8844

  1.  TRADEMARKS

No trademarks and trade dress owned by HomeOnTrack may be used in connection with any product or service that is not HomeOnTrack’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HomeOnTrack. All other trademarks not owned by HomeOnTrack or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HomeOnTrack.

  1.  YOUR MEMBERSHIP ACCOUNT

You may first have to register and obtain a HomeOnTrack account (the “Account”), including a form of user identification and password to use the Services.  You are responsible to maintain the secrecy and confidentiality of any user identification information and password created or provided to you.  You agree not to permit any person to use your passcode, method of identification, or other form of identification we provide you.  If you do permit such use, you agree to be liable for any transactions that person makes, even if you did not indent for them to do so.  You agree to immediately notify us if the security or confidentiality of your account, passcode, or any other form of user identification is breached, or if you believe that your account has been subject to unauthorized use.  As stated in paragraph 5, you agree that we may refuse services, terminate your account, passcode, user identification, cancel your subscription, or remove or edit your content at any time, in our sole discretion.

  1.  PAYMENT

This Agreement also incorporates by reference and includes payment terms provided to you through the Website, Web App or Mobile App when you sign-up for an Account.

  1.  ANCILARY CHARGES FOR USE OF THE SERVICES

Use of the Services requires an internet connected device, and may be accessed on a mobile device (through a mobile browser for the Web App, or through the dedicated Mobile App), such as a smartphone or tablet.  You agree that you are solely responsible for any charges for internet or data usage associated with your use of the Services, including any applicable changes, updates and fees as well as the terms of your agreements with your telecommunications provider or providers.

HOMEONTRACK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLEID AS TO:  (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

  1.  PERSONAL INFORMATION

HomeOnTrack’s Privacy Policy can be found on the Website, or by following this link https://homeontrack.com/private-policy.  By using the Services, you agree to the HomeOnTrack Privacy Policy, and any changes to the policy published by HomeOnTrack.  You agree that HomeOnTrack may use and maintain your data according to the Privacy Policy, as part of the Services.   

  1.  COMMUNITY FORUM

The Services may include a community forum or other social features to engage with and exchange information with other users of the Services and the public (“Community Forum”). HomeOnTrack does not support, does not monitor, and is not responsible for the content in any such Community Forum.  Please use respect when you interact with other users in a Community Forum.  Do not reveal confidential or other information that you do not want to make public.  Users may post hypertext links to content of third parties for which HomeOnTrack is not responsible.

  1.  FEEDBACK

You may provide comments or feedback to HomeOnTrack via the Contact section of the Website.  You agree that HomeOnTrack may use any such feedback, suggestions, or ideas in any way, including for use in future modifications to the Services, the development of new services or products, advertising, or in marketing materials.  You grant HomeOnTrack a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to HomeOnTrack in any way it sees fit.

  1.  LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

HomeOnTrack and its associates attempt to be as accurate and error-free as possible. However, HomeOnTrack does not warrant that the content of Services is accurate, complete, reliable, current, or error-free.  

(a)  YOUR USE OF THE SERVICES AND HOMEONTRACK’S CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED BY HOMEONTRACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEONTRACK, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES.  HOMEONTRACK DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM VIRUSES, MALICIOUS SOFTWARE (“MALWARE”), INTERRUPTION, ERRORS, OR OTHER HARMFUL COMPONENTS, AND EXPRESS DISCLAIMS ALL LIABILITY REGARDING THE SAME.

(b)  HOMEONTRACK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY TO THE WEBSITE OR OTHER SERVICES; (ii) ANY PRODUCTS OR DESCRIPTIONS OF PRODUCTS LISTED ON THE WEBSITE; (iii) THIRD-PARTY WEBSITES, CONTENT, PRODUCTS, OR SERVICES LISTED ON OR ACCESSIBLE THROUGH THE WEBSITE OR SERVICES; AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY THAT YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.

(c)  HOMEONTRACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OR THEFT OF DATA, VIRUSES, OR MALWARE (EVEN IF HOMEONTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR HOMEONTRACK’S CONTENT. YOUR USE OF THE SERVICES AND HOMEONTRACK’S CONTENT IS AT YOUR SOLE RISK.   TO THE EXTENT THAT HOMEONTRACK MAY BE FOUND LIABLE FOR DAMAGES OF ANY SORT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF HOMEONTRACK, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.

(d)  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE YOU ACCESS THE WEBSITE (FOR CLAIMS BASED ON THE WEBSITE) OR 60 DAYS FROM THE DATE YOU SIGN UP FOR THE SERVICES (FOR CLAIMS BASED ON THE WEB APP, MOBILE APP, OR IMAGE CLIPPER). IF THE EXCLUSION FOR IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.   

 

 

  1.  LIMITATION OF LIABILITY AND INDEMNITY

You agree to indemnify and hold HomeOnTrack and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, breach of this Agreement, any allegation that any materials you submit to HomeOnTrack or upload to the Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party, and/or your negligent or willful misconduct (collectively referred to as “Claims”). HomeOnTrack reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims, with counsel selected by HomeOnTrack in its sole discretion. You agree to reasonably cooperate as requested by HomeOnTrack in the defense of any Claims.

  1.  APPLICABLE LAW

By accessing or using the Services, you agree that the laws of the United States, and more specifically, the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and HomeOnTrack or its associates and Suppliers.  The parties agree to submit to the personal jurisdiction of a federal or state court located in Hennepin County, Minnesota.

  1.  DISPUTES

Any dispute relating in any way to your access or use of the Services shall be submitted to confidential arbitration in Hennepin County, Minnesota, United States of America, except that each party retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. In such a case, the party must pursue the injunctive or other equitable relief in any state or federal court in the state of Minnesota, United States of America, and the parties consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  

THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, THE PARTIES ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, THE PARTIES AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO LITIGATE ON A CLASS-WIDE BASIS.  THE PARTIES AGREE THAT THEY HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

  1.  POLICIES, MODIFICATION, ENTIRE AGREEMENT, AND SEVERABILITY

This Agreement, along with the Privacy Policy, governs your access and use of the Services. We reserve the right to make changes to the Services, our policies, and these Terms of Service at any time. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Services, whether written or oral, and constitutes the entire agreement between the parties regarding the Services.  If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

  1.  MISCELLANEOUS

(a) Notice for California Users.  Pursuant to Cal. Civ. Code § 1789.3, the name, address, and telephone number of the provider of the Services is: JB Companies, LLC, (d/b/a HomeOnTrack), 3800 American Blvd. West, Suite 1500, Bloomington, MN 55431–4429, 507-382-8844.  There is no charge to access the Website.  Charges for use of the Web App and/or Mobile App are fully disclosed upon sign-up, and may vary depending on your selection.  There is no additional charge for the use of the Image Clipper.  If you have a question or complaint regarding the Services, please contact HomeOnTrack at info@homeontrack.com or by writing to our mailing address.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or via telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 218-1227.

(b) Application Provider Terms. If you access the Website or the Web App, you acknowledge that this agreement is between you and HomeOnTrack only.  If you access the Mobile App and/or the Image Clipper, you acknowledge that another application service or application platform provider (such as Apple, Inc. or Google Inc.), may provide you access to the Mobile App or Image Clipper subject to its own terms.

(c) Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with HomeOnTrack’s prior written consent, and any attempted assignment, transfer, delegation, or sub-license shall be null and void. HomeOnTrack may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.

(d) Waiver. HomeOnTrack’s failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

(e) Headings. Headings, captions, and/or section titles contained herein are provided only for convenience and in no way define or explain any section or provision of this Agreement.

(f) Survival. The following provisions will survive expiration or termination of this Agreement: Section 6 (Your Content), Section 3(a)(ownership) and 3(d)(restrictions), Section 16 (Disclaimers), Section 17 (Limitation of Liability and Indemnity), Section 19 (Disputes) and Section 21 (Miscellaneous).

  1.  QUESTIONS

Questions regarding our Terms of Service, Privacy Notice, or other policy related material can be directed to our support staff by accessing the “Contact Us” section of the Website. You can also email us at: info@homeontrack.com