Welcome to the Terms and Conditions (these “Terms”) for the website, www.yourhomeboard.com (the “Website”), operated on behalf of Homeboard Technologies Inc. (“Company”, “we” or “us”), and together with any content, tools, features and functionality and other services offered on or through our Website, including but not limited to the Furniture Items and the purchase and sale or rental thereof (the “Services”).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
1. WHO MAY USE THE SERVICES
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services
2. SERVICES, LEASE AGREEMENT
2.1 Services. The Services permit you to view our inventory of furniture items (“Furniture Items”) and the applicable prices associated with leasing or purchasing Furniture Items and, if applicable, to purchase such items.
2.2 Lease Agreement. Lease Agreement. If you desire to lease any Furniture Items from us you will be required to sign a furniture lease agreement (“Lease Agreement”) as further described in these Terms. You must carefully review, understand and agree to the terms and conditions of your Lease Agreement prior to signing your Lease Agreement. Your Lease Agreement may be provided to you in electronic format and we may request your signature indicating your agreement to the terms and conditions of your Lease Agreement be provided via electronic means.
3. SELECTION OF FURNITURE, CREDIT CHECKS, ORDERS, PAYMENT
3.1 Selection of Furniture Items. If you desire to lease or purchase any Furniture Items or utilize any Services, you may be required to (a) provide certain information about yourself, including personal information such as your name, address and email address, and (b) provide payment information to our third-party payment processor for the purpose of future processing of any payments to us that you authorize.
3.2 Credit Checks. In addition, if you desire to lease any Furniture Items, you may be required to (a) submit to a soft credit check and share certain personal information with third parties for such purpose, and/or (b) specify your income and provide documentation to verify the same, and/or (c) as applicable, provide financial documentation of your entity for the purpose of credit approval. If the Company, in its sole discretion, determines that the results of the soft credit check do not meet its requirements, you will be denied the ability to move forward with leasing any Furniture Items and any payment method you may have provided will not be charged. If the Company, in its sole discretion, determines the results of the credit review meet its requirements and otherwise agrees to lease Furniture Items to you, you will be asked to make a payment towards your selected Furniture Items and, if applicable, membership fees and/or a refundable security deposit. However, any amounts paid constitute a hold for the selected Furniture Items, and if you do not sign your Lease Agreement within the time frame required by the Company, the Company will return to you any funds you have paid to the Company towards those held Furniture Items. If you sign your Lease Agreement, then those funds will be applied to your first payment due at signing of your Agreement and, unless there are changes made to your Furniture Items before signing your Lease Agreement, you will not owe the Company any further payments when you sign your Lease Agreement.
3.3 Order Confirmation; Upon receiving your payment, we will email you an order confirmation describing the Furniture Items or other Services you selected. An order confirmation, however, does not constitute our acceptance of your order and does not represent our offer to serve you. We are simply confirming that we received your order. Following checkout (including, if you have selected to lease such Furniture Items, during the period between checkout of your selected Furniture Items on the Website and signing of your Lease Agreement) all or some of your selected Furniture Items may no longer be available. Furthermore, any delivery dates requested are not guaranteed. If you have elected to lease Furniture Items, one of our team members will contact you a few days after your receipt of the order confirmation to discuss the availability of your selected Furniture Items, and based on that discussion, we will send you a Lease Agreement for signature that specifies the Furniture Items covered by that Lease Agreement, additional amounts due by you at signing (if any) and during the term of the Lease Agreement, among other important matters. In the event that any changes are made to the Furniture Items as a result of your discussions with our team members, then we will refund you the overpayment. We will bill you for any underpayment of your first monthly payment if changes are made that result in such an amount being due upon signing of your Lease Agreement. In the event you fail to sign the Lease Agreement by the due date, any agreed upon delivery dates between you and your team members will be lost. If you have elected to purchase Furniture Items, if any such Furniture Items are not available following such purchase, someone from our team will contact you to discuss alternative options, including but not limited to substituting such Furniture Items for other Furniture Items (which may result in an additional charge to you if such Furniture Items are more expensive than those which you originally elected to purchase) or a cancellation of the purchase of such Furniture Items with a full refund to you.
3.4 Payment. You agree to pay us all applicable fees and taxes in Canadian Dollars. Payment can be made by credit card, debit card or other means that we may make available. You agree that (a) we may store your payment method (e.g. credit card), and (b) we may calculate taxes payable by you based on the delivery address that you provide us at the time of checkout, and you authorize us to charge your payment method for all applicable fees, including but not limited to amounts to purchase or rental fees for Furniture Items, membership fees (if any), delivery and installation fees, cancellation/restocking fees, rescheduling fees, other fees as described in your Lease Agreement (if applicable) and applicable taxes. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
3.5 Delivery and Returns. Homeboard currently supports delivery of Furniture Items to a limited number of locations. Please refer to our website for more information. If you have elected to lease Furniture Items, terms of delivery and pick-up/return are as set forth in your Lease Agreement. If you have elected to purchase Furniture Items, terms of delivery and Homeboard’s return policy are as follows:
Delivery: Homeboard or its authorized third party provider will deliver the Furniture Items you have purchased to the address you provide us during the checkout process. You grant Homeboard permission to enter and access your premises for the purposes of delivering and assembly and will provide Homeboard with all necessary or desired assistance in connection with such access. You, or an adult (at least 18 years of age) on your behalf, must be present to sign for and acknowledge the delivery of any Furniture Items and the condition of such Furniture Items once they are assembled (if applicable) and placed in your residence. This signature will confirm that you have received your Furniture Items from Homeboard and have inspected and acknowledged the condition of such Furniture Items upon delivery and assembly (if applicable). Homeboard will have no liability for any damages resulting from any delay in delivery of the Furniture Items or as a result of or in connection with the delivery of such Furniture Items.
Return: Except for mattresses, which may not be returned, Furniture Items may be returned for a full refund at the time of delivery. There is a $80/item restocking fee for all returns. Furniture Items may not be returned following your acceptance of such Furniture Items (as described above).
3.6 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on Furniture Items, subject to any terms and conditions that the Company establishes. Promotional Codes that are percentage-based discounts will only apply to the specific Furniture Items rented or purchased at checkout, and will not apply to any future exchanges or additions of Furniture Items to your Account. Promotional Codes that are fixed-amount discounts may only be used in one transaction and any unused amounts associated with a Promotional Code will automatically expire. Promotional Codes, of any kind, do not apply toward delivery or assembly fees, or taxes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; (g) may not be combined; (h) are limited to one use per customer and (h) may expire prior to your use.
3.7 Changes and Pricing. We reserve the right to change our furniture rental plans or adjust pricing for Furniture Items and the Services in any manner and at any time as we may determine in our sole and absolute discretion. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Furniture Items. While we attempt to be as accurate as we can in our descriptions for the Furniture Items, we do not warrant that descriptions of Furniture Items are accurate, complete, reliable, current, or error-free. The inclusion of any Furniture Items for rental through the Services at a particular time does not imply or warrant that such Furniture Items will be available at any other time. We reserve the right to discontinue, modify or limit the available quantity of, any Furniture Items or other Services. We reserve the right to change prices for Furniture Items displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Furniture Items prices to the Services and/or upon making the customer aware of the pricing error.
3.9 Third Party Items. Certain of the Furniture Items made available on the Services are manufactured by third parties (“Third Party Items”). The availability of Third Party Items through the Services does not indicate an affiliation with or endorsement by us of any Third Party Item or its manufacturer.
3.10 No Information of Children. Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery purposes or any other reason.
4. LOCATION OF OUR PRIVACY POLICY
4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at shop.yourhomeboard.com/privacy-policy.
5. RIGHTS WE GRANT YOU
5.1 License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
5.2 Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same; attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services; circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services; use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; use the Services for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law, rule or regulation in connection with your access to or use of the Services; or access or use the Services in any way not expressly permitted by these Terms.
6. OWNERSHIP AND CONTENT
6.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
6.2 Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
6.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
6.4 Posted Content. In connection with your use of the Services, you may be able to post, upload, or submit reviews, comments, photos, videos, and other content to be made available through the Services (“Posted Content”). By using the Service and posting Posted Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, perform, translate, create derivative works of, distribute, adapt and modify Posted Content. You agree that these rights and licenses are royalty free, perpetual, transferable, sub-licensable, worldwide and irrevocable. You grant the Company and its sublicensees the right to use the name that you submit in connection with Posted Content. By posting or submitting Posted Content through the Services, you represent and warrant that (a) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Posted Content, (b) Posted Content is accurate, and (c) Posted Content and the use of Posted Content does not violate these Terms.
7. THIRD PARTY SERVICES AND MATERIALS
7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the“Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law, rule or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Posted Content, or (e) your negligence or wilful misconduct.
10. ADDITIONAL PROVISIONS
10.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of leasing any Furniture Items. You also understand that you may opt out of receiving marketing text messages from us at any time by texting the word “STOP” to the sender phone number using the mobile device that is receiving the messages. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
10.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms, including but not limited to Section 9, shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
10.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.5 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms and any dispute arising out of or relating to the Services or these Terms are governed by and will be construed in accordance with the laws of the State of New York, without regard to conflict or choice of law provisions. Other than proceedings in small claims court if the claims qualify, remain in such court, and advance solely on an individual, non-class basis, you and the Company agree the state or federal courts of New York County, New York will be the jurisdiction and legal venue for any court proceedings arising out of or relating to the Services or these Terms. Arbitration awards may be entered in any court of competent jurisdiction.
10.7 How to Contact Us. For more information about our terms and conditions, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@yourhomeboard.com or by mail using the details provided below: 8 Goldham way , Halton Hills, ON, L7G0B2, Canada
