The following terms and conditions (collectively, the “Agreement”) constitute an agreement for the use of the website www.thehomemag.com, https://marketplace.thehomemag.com, and any derivative thereof (collectively, the “Website”). By accessing or otherwise using this Website, you agree to be bound contractually by this Agreement and our Privacy Policy, incorporated herein by reference. 

1. Parties. The parties to this Agreement are you, and the owner and operator of this Website: THM Management, LLC, a Florida corporation (“THM”). All references to “we”, “us”, “our”, or “this Website” shall be construed to mean THM.

2. Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible from this Website's home page. Your continued use of this Website indicates your acceptance of the amended Agreement. You should check this Agreement periodically for modifications. We may also, from time to time, issue additional guidelines and rules with respect to using our Website. We will notify you on the Website by updating the “Last updated” date of this Agreement when we issue any such additional information. By continuing to use our Website, you waive any right to receive specific notice of each such change and you agree that you will comply with any such additional guidelines and rules.

3. Grant of Licenses. THM grants you a limited non-exclusive, non-transferable, and revocable license to access and use the Website, only for your personal use and not for purposes of resale. This license terminates automatically if you breach this Agreement. Except as expressly authorized herein or in any separate written agreement signed between you and THM or separate agreement originating from this Website, you do not have the right to modify this Website, its content, or any copyright or other proprietary notices. Unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Restrictions. Unless a separate legally binding written agreement between you and THM provides otherwise, you may not copy, modify, distribute, download, display, transfer, post, or transmit this Website or its content in any form without THM's prior written permission.

5. Representations and Warranties. By using this Website, you represent and warrant that: (i) you have the legal capacity, and you agree to comply with this Agreement; (ii) you will not use this Website or any THM products and services for any illegal or unauthorized purpose; and (iii) your use of this Website will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future access to and/or use of this Website and any THM products and services (or any portion thereof).

6. Purchases and Payment. If goods or services are available to purchase through the Website, then the terms and provisions of this Section 6 shall apply. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.  You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

7. Prohibited Activities. The following activities are also expressly prohibited without THM's prior written permission: (i) any non-personal or commercial use, except as may be provided in any separate written agreement signed by the parties hereto; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy this Website or any of its content; (iii) attempting to gain unauthorized access to any of our products, services, computer systems, or networks through hacking, password mining, or other means; (iv) “mirroring” this Website or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the Website; (vi) collection or use of information for a supplier of competitive or comparable products or services; (vii) misusing the Website or the products or services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (viii) any action that imposes an unreasonable or disproportionately large load on this Website or otherwise interferes with its functioning; and (ix) any other action that may reasonably and adversely jeopardize THM’s reputation or quality of services.

8. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this Website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy. 

9. Proprietary Rights and Ownership of Website Content. The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. Unless a separate legally binding written agreement between us provides otherwise, copyright in the content of this Website is owned by THM. Except for the limited rights granted to you in this Agreement, all other rights are reserved. All trademarks are the property of their respective owners. You may not remove or attempt to remove any copyright, trademark, or other proprietary rights notices contained on this Website or on any other content associated with the services we provide.

10. Access to Website.  We do not guarantee that you will be able to access or use the Website at times or locations of your choosing. We may perform updates or maintenance to the Website from time to time, and nothing herein shall in any way modify or limit our right to perform such maintenance and other services even if such services would temporarily restrict your access to the Website.

11. Links to This Website. THM grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray THM or its products or services in a false, misleading, derogatory, or offensive matter. You may not use THM’s name, any THM logo, or any THM trademark, or other proprietary graphic in the link without the prior written permission of THM.

12. Links to Third Party Web Sites. THM does not review or control third party websites that link to or from this Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of any such third party website is on your own initiative and at your own risk and may be subject to the other websites’ terms of use.

13. ECPA Notice. This Website treats email messages and other communications through this Website as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA.

14. USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.

15. Accuracy of Information and Disclaimer of Warranty. THM has made every effort to present the content on this Website accurately, but additions, deletions and changes may occur. Except as may be provided in a separate written agreement signed between you and THM or any separate agreements originating from this Website, products, and services we provide, and/or content on this Website is provided “as is”, and neither THM nor its representatives make any representation or warranty with respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BETWEEN YOU AND THM OR A SEPARATE AGREEMENT ORIGINATING FROM THIS WEBSITE, THM AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THM ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL FILES.

16. Limitation of Liability. Under no circumstances will THM or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO CEASE USING THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED AT LAW, OUR AGGREGATE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, FRAUD, NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), SHALL BE LIMITED TO THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY US FROM YOU DURING THE THREE (3) MONTHS PRIOR TO THE DATE OF THE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. No Guaranty or Endorsement. We do not endorse, recommend, or support any advertisers that you may find on or select through this Website or any THM products or services. Except for advertisers participating in our certified partner program, we have not conducted an investigation of any advertiser signed up through or otherwise displayed on our Website or of the licenses, qualifications, or certifications that advertiser may hold. The advertisers in our products have a pre-existing contractual relationship with THM that authorizes the advertisers to participate in THM’s products and that requires the advertisers to compensate us for their right to have a presence in our products. PLEASE PERFORM YOUR OWN INVESTIGATION OF ANY ADVERTISER YOU LOCATE THROUGH THIS WEBSITE. WE EXPRESSLY WAIVE ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, RELATING TO PROFESSIONAL CERTIFICATIONS, QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, COSTS OF SERVICES, OR OTHER ASPECTS OF AN ADVERTISER’S SERVICES. 

18. Indemnification. You hereby release, indemnify and hold us and each of our owners, directors, employees, representatives, agents, and assignees (collectively, the “THM Indemnified Parties”) harmless from, and agree that THM Indemnified Parties shall in no event be liable for, any claims, losses, damages, or liabilities relating to (i) any inaccuracies, errors, or omissions with respect to any information contained on the Website, (ii) any use or access of this Website or THM’s services or products whatsoever by you or any person associated with you; and (iii) the violation of this Agreement or the Privacy Policy by you or any person associated with you. This indemnification obligation does not apply with respect to any claims, losses, damages, or liabilities resulting from our own gross negligence or intentional misconduct. This indemnification obligation is in addition to other obligations set forth elsewhere in this Agreement. 

19. California Residents.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

20. Venue; Jurisdiction; Applicable Law. The courts of Lee County in the State of Florida, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings under this Agreement. The parties hereto hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. 

21. Waiver. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

22. Assignment. You may not assign or transfer any of your interest in or rights or obligations under this Agreement without our prior written consent. We may, however, assign or transfer any of our rights or obligations under this Agreement to any third party without your prior consent. 

23. Intended For Use Only in The United States. This Website is controlled and operated by THM from its offices within the United States. THM does not represent that this Website is appropriate or available for use elsewhere; access to this Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.

24. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.

25. Privacy. Please review this Website’s Privacy Policy which also governs your visit to this Website. The Privacy Policy is incorporated herein by reference and can be found at https://www.thehomemag.com/privacy.

26. Electronic Communications, Transactions, and Signatures. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. Miscellaneous. This Agreement and any policies or operating rules posted by us on our website or with respect to THM products and services shall constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of this Agreement or your use of the Website or any THM products and services. You agree that this Agreement will not be construed against us by virtue of having drafted it. You hereby waive all defenses you may have based on the electronic form of this Agreement and the lack of a requirement that the parties hereto execute this Agreement.

28. Contact Us. To resolve a complaint regarding this Website or any THM products and services provided or to receive further information regarding the use of this Website, please contact us at 1732 SE 47th Terrace, Cape Coral, FL 33904 or info@thehomemag.com.