House Tipster Terms of Use

We would like to welcome you to HouseTipster.com (the “Site”).  These are the terms and conditions of your use of our Site.  House Tipster is owned and operated by Inventive Software, LLC.  It is important that you carefully read and understand these terms and conditions, as they set out the rights and duties concerning your use of the Site.  By using this Site you agree to be bound by all of these terms and conditions.  If you do not agree to these terms and conditions, then you should not use this Site.  Your continued use of this Site shall be deemed to be an acceptance of all of these terms and conditions.

1. Changes to the Site or Terms. We reserve the right to change these terms and conditions at our sole and absolute discretion.  Such changes may be done at any time and without any further notice to you.  House Tipster reserves the right to change the Site, including the elimination or discontinuation of any information, service, or other feature in whole or in part, and to deny or terminate your access to the Site.

 

Any changes made in accordance with the preceding article shall be effective upon such changes being available on the Site and the posting notice of such changes on the Site or another manner at our reasonable discretion.  Your continued use of the Site after any such changes shall constitute your agreement to all new terms of use.  If you do not agree with the updates you must cease your use of this Site.

 

2. By registering with us or by using this Site, you represent, acknowledge, and agree that you are at the age of majority where you reside.

 

3. Access to certain functionalities of the Site will require you to register with us or provide certain additional information to House Tipster.  If you register or provide information to House Tipster, you agree to provide current, accurate, and complete information about yourself as requested.  You further agree to maintain and update your information to keep it current, accurate, and complete.

 

4. Grant of License. Subject to these terms of use, we grant to you, the User, a limited, non-exclusive license to use and access any House Tipster provided content, in connection with your use of the Site.  Unless otherwise provided for, such as with a Shop Account or a Professional Profile, you may only use the site for personal and non-commercial use.

 

5. Professional Profiles. Home Improvement professionals, designers, and retailers may elect to register as a House Tipster Professional and create a professional profile on our Site.  Subject to these terms and conditions, such users may use the features made available by House Tipster to promote their business on the Site.  All Business Profiles are subject to approval by House Tipster.

 

6. Cross Promotion Plan. By signing up as a House Tipster Pro, you agree to participate in House Tipster’s cross promotion plan.  This allows House Tipster to take images from your website and add them as Photo Galleries with your Business Name Attached.

 

7. Third Party Products and Services. You may be given the opportunity to purchase products or hire services from third party entities from our Site.  The availability of said services or products does not constitute an endorsement of any kind, nor does it constitute a warranty of the quality of the goods or services.  Any and all reviews are solely the opinion of the individual reviewing the product.  They do not in any way reflect the opinions of House Tipster, Inventive Software, nor any of their affiliates.

We do not represent, warrant, nor otherwise guarantee any third party product, nor do we guarantee that any descriptions are accurate.  Nor do we warrant that the product or service provided is of any particular quality or free from defects.  All products provided this way are provided expressly “as is.”  Keep in mind that the House Tipster Shop has its own terms and conditions that these terms incorporate by reference, which you must accept before using the Shop.

8. No Warranties. The Site is provided “as is.”  There are no express or implied representations or warranties of any kind.  There are no warranties of any kind provided, by Inventive Software, for any third party products or services.

 

9. Third Party Links. This Site may contain links to third party websites.  House Tipster cannot control any linked websites or their content.  Your use of any such websites will be subject to each such websites’ own terms and conditions.  You may also be required to accept and understand third party privacy policies, which may differ considerably from House Tipster’s.  Inclusion of a third party website is not an endorsement by House Tipster of any linked content.  Any such endorsement is expressly disclaimed.  House Tipster disclaims all liability that may arise from the use of these third party websites and makes no representations or warranties of any kind about the accuracy, truthfulness, or any other content on such third party sites.

 

10. Article Disclaimer. House Tipster carries various home improvement and “Do-It-Yourself” articles.  Inventive Software, LLC does not endorse or recommend undertaking any such project, without consulting a specialist first.  If you attempt any activity described in any article you do so at your own risk and at your own cost.  The accuracy, completeness, adequacy, or cost of any project listed in any article is neither warranted nor guaranteed.  House Tipster does not substitute for a professional.

 

11. Opinion Disclaimer. The opinions, beliefs, and viewpoints expressed in the articles carried on House Tipster, are solely the opinion of the author(s), and do not reflect the views of House Tipster or Inventive Software, LLC.

 

12. Postings and Submissions. You may have the opportunity to participate in certain public forums or other forms of public communication.  Your participation in these spaces is purely voluntary.  By choosing to participate in any public forum, you acknowledge and agree that any content you post may be viewed by the general public.  You further agree to be bound by any additional terms or conditions any such spaces may have.
    1. Non-Proprietary. By posting in accordance with this subsection you agree that your content will not be treated as private, proprietary, or confidential.
    2. Grant of License. By posting in accordance with this subsection you agree to grant Inventive Software and our affiliates, licensees, and sub-licensees, without compensation, a non-exclusive, perpetual, irrevocable, royalty-free, paid, worldwide license and right to use, reproduce, process, adapt, publicly perform, publicly display, modify, derive works, publish, transmit, and distribute such content, or any portion thereof, throughout the world in any or all formats currently in existence or after discovered, for the duration permitted by law.
    3. On various House Tipster Articles you may have the ability to post various comments.  By posting any such comments, you agree to uphold all community standards.  By posting you also agree to allow us to, at our option and without notice or compensation to you, to repost any of your comments.  If we use your comment in this way, we may attribute it to you.  You further acknowledge that we may use your name or username to provide for such attribution.
    4. Release of Moral Rights. By posting in accordance with this subsection you further agree, to the extent permitted under applicable law, to waive and release, and covenant not to assert any moral rights that you may have in any content posted or provided by you.
    5. Responsibility for Royalties. You further agree to pay for all royalties, fees, damages, and any other monies owed to any person as a result of any content posted or provided by you.  You explicitly agree to indemnify and hold House Tipster harmless from any action arising from your posting pursuant to this section.
    6. Retention of Ownership. Inventive Software acknowledges and agrees that you or your licensors, where applicable, retain ownership of any and all copyrights in your provided content, subject to the aforementioned license granted under this section.  Inventive Software acknowledges that no ownership transfers under these terms.
    7. By posting or providing any content on this Site you represent and warrant that you own or have the right to use and permit us to use and license such content in the manner stated in this provision.  If you do not have such permission, before posting, you must first obtain permission or a release from the record owner.  You further agree to indemnify and hold harmless House Tipster from any breach of this warranty.
    8. Professional Postings. Certain professionals may have the option to post their own designs on the Site.  By uploading a design, you agree that any such designs belong to you, and such designs are not subject to any intellectual property rights, or any other encumbrances that exist now, or might arise in the future.  You further agree that at all times your design is not in violation of any law, rule, standard, or any other restriction or regulation.  You agree to grant, without further compensation, a non-exclusive, perpetual, irrevocable, royalty-free, paid, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, derive works, publish, transmit and distribute such designs, or any portion thereof, throughout the world in any or all formats for the duration permitted by law.  You warrant and agree to indemnify and hold harmless Inventive Software from any breach of any law regarding any design you upload using the software, including, but not limited to intellectual property violations.
    9. Upload Review. All uploads are subject to review and may be removed at any time and at our sole option, with or without additional notice to you.

 

13. For certain products, services, or professionals that are listed on House Tipster, you may be able to leave reviews.  By leaving a review, you represent, warrant, and agree to the following additional terms:
    1. That you are not a director, employee, former employee, principal, or agent of the entity being reviewed, a competitor of the entity being reviewed, or related in any way to the entity being reviewed.  By posting you agree that you have no interest in a reviewed product beyond that as a consumer.
    2. Actual Experience. That the reviews are based on your own first-hand experience with the subject of the review.
    3. That the review does not violate any other law or policy.
    4. That you will clearly indicate if you have received any form of compensation, even if such compensation is non-monetary.  Users must indicate whether they have received anything of value from the owner or manufacturer of the product or service being reviewed.  Such indication shall be stated in the body of any reviewed product.
    5. If we find that a review breaches one of these provisions, or has been made in bad faith, such a review will be removed.  For purposes of this section, bad faith includes, but is not limited to, former employees leaving reviews without admitting such prior relationships.
    6. You understand and acknowledge that not all reviews of any given product or company may be shown.

 

14. You agree to indemnify and hold Inventive Software harmless from any and all claims, damages, losses, fees (including reasonable attorney’s fees), and other expenses that arise, (direct or otherwise), from or as a result of your breach of this agreement and these terms and conditions, including, but not limited to, any breaches of intellectual property rights or harm done to any third party’s intellectual property rights, or for any other activity done that involves this Site, including negligent or willful misconduct.

 

15. Ownership and Intellectual Property Rights. Other than what has been provided for in this agreement or otherwise indicated on the Site, Inventive Software owns and operates the Site.  Any and all Intellectual Property Rights in the Site are the sole property of Inventive Software.  You may not copy, reduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part without Inventive Software’s prior express written consent.

 

16. Copyright and Trademark Policy. Inventive Software has adopted and implemented a Copyright and Trademark Policy consistent with the Digital Millennium Copyright Act (DMCA).  If you believe a violation has occurred, please send a request to [email protected].

 

17. Privacy Policy. You acknowledge and agree that any personal information provided through registration or collected in connection with your use of the Site, will be treated as described under the House Tipster Privacy Policy which is incorporated by reference.

 

18. House Tipster may allow third parties to use Cookies and other similar types of items to collect the same type of information that House Tipster does, as described in our Privacy Policy.  Third Parties may be able to associate their information about you from other sources.  House Tipster does not control the Cookies that may be used, but you may be able to opt out of some practices by visiting Network Advertising Initiative, Omniture, Aperture, Digital Advertising Alliance, or PrivacyChoice.  Opting out will not prevent displaying of advertising to you.

 

19. Absolute Restrictions. The following items or behaviors are expressly prohibited:
    1. Improper Publication. Publishing any Site material in any form, without the prior, express, written, consent of House Tipster or selling, sublicensing, or commercializing any Site material without the prior, express, written consent of House Tipster.
    2. Using the Site in any way that is or may become damaging to the Site, or that negatively impacts user access or experience.
    3. Criminal Behavior. Using this Site in any way contrary to any applicable laws and regulations, or in a way that causes, or may cause harm to the Site or any other party.
    4. Data Mining. Engaging in any form of data mining, scraping, spidering, extracting, or other similar activity regarding this Site or through this Site.
    5. Spam Advertisements. Using the Site for advertising not covered in one of the above provisions.

Certain aspects of the Site may be restricted from access and may be further restricted at our sole discretion.

20. Additional Restrictions. When using the Site please keep the following additional restrictions in mind:
    1. Your access and use of the Site may not interfere with our operation of the Site nor anyone’s use of the Site.  We reserve the right to disconnect anyone or anything that causes any such interference to the Site.
    2. Compliance and Security. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Site.  You must notify us if you learn of a security breach regarding the Site.
    3. Import and Export. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you may not transfer anything subject to restrictions under such laws, rules, and regulations to any site, application, destination, location, person, or entity.  You cannot make anything available through the Site that requires prior government authorization or notification to export.
    4. You warrant that you are not located in a country that is subject to a US Embargo.  You further warrant that you are not located in a country that the US has designated as a State Sponsor of Terrorism.  You also warrant that you are not listed on any US Government list of prohibited or restricted parties.
    5. Some things may be made available for download, installation, or streaming on your computer, mobile, or other device.  Downloadable materials are subject to the same terms, conditions, limitations, and restrictions applicable to all other Site materials.  You may only use this material to the extent expressly authorized by these terms.

 

21. Term and Termination. This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms.  Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to and use of the Site.  Such restrictions may be either temporary or permanent.  Upon termination your right to use this Site shall be revoked.  Upon the revocation of the right to use the Site, you shall destroy, or cause to have destroyed any and all copies of any information you have obtained from the Site.  All disclaimers, limitations of liability, indemnities, and rights of ownership of Inventive Software and licenses to Inventive Software shall survive the termination of these terms.

 

22. Additional Terms Pertaining to Applications. If you access this Site through an application, then you acknowledge that this agreement is between you and Inventive Software, not any third party application or platform provider.  You may be required to accept separate terms of use for the device or application that you use to access this Site, in addition to this agreement.

 

23. Supplemental Terms. Certain uses of this Site, may require separate agreements or additional terms.  In the event of a conflict between these terms and conditions and any supplemental agreement or additional term, then the conflict shall be resolved in favor of any supplemental terms.

 

24. Notice for California Users. Under California Civil Code Section 1789.3 California Site users are entitled to the following specific consumer rights notice:  The Site is provided by Inventive Software, LLC at 1A Mt. Vernon St., Ridgefield Park, New Jersey, 07660.  If you have a question or complaint regarding the Site, please contact [email protected] 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 which 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.

 

25. Inventive Software shall be permitted to assign, transfer, or subcontract its rights and obligations under these terms without your consent or any notice to you.  You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

 

26. If any provision of these terms and conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  Should a provision of these terms and conditions be found invalid or unenforceable, by a court, adjudicator, or arbitrator, but such adjudication find that said provision can be enforceable by limiting or altering such provision, said provision shall be deemed to be written, constrained, and enforceable as so altered.

 

27. Entire Agreement. This agreement constitutes the entire agreement between the parties and there are no other promises or conditions in any other agreement, whether written or oral. This document supersedes and replaces any prior agreement, whether written or oral.

 

28. Choice of Law. This Agreement shall be governed by the laws of the State of New York.  By using this site, you consent to personal jurisdiction in the State of New York.

 

29. Subject to any exceptions set forth herein, any dispute, controversy, or claim arising out of or relating to this agreement shall be submitted to mandatory, final, and binding arbitration before the American Arbitration Association in accordance with their rules in effect of the time of the filing of the demand for arbitration.  Those rules are incorporated by reference.  Judgment on such a dispute shall be in writing with written findings of fact and shall be final and non-appealable.  Notwithstanding the foregoing, either party may seek an injunction or other equitable relief from a court of competent jurisdiction without having to submit to Arbitration.
    1. The Arbitration’s panel shall be composed of three (3) arbitrators.  Each party shall select one (1) arbitrator and the two selected arbitrators shall select the third who shall act as the chair of the tribunal.
    2. All hearings, proceedings, and submissions shall be in English.
    3. The seat for the Arbitration shall be New York City. Judgement may be entered in any court of competent jurisdiction.
    4. The costs will be born equally by House Tipster and you.  Each party shall bear their own expenses for participation.