Collection of Visitor Information on the Services.
Changes to these Terms.
All software, technology, and content included with the Services or used in the operation of the Services, such as text, graphics, logos, button icons, images, audio and/or visual clips, and Applications (as defined below) is the owned or licensed property of Framework or its software, technology, and content suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Services is the exclusive property of Framework and protected by U.S. and international copyright laws. Subject to your compliance with these Terms, Framework grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information, and related materials that may be available through the Services, for your personal, internal, and noncommercial use of the Services in accordance with the guidelines, instructions, and limitations described in the Services. Any rights not expressly granted herein are reserved by Framework and its suppliers. The Services and all rights therein are and shall remain Framework’s property or the property of Framework’s suppliers.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks“) used and displayed in the Services are registered and unregistered Trademarks of Framework and others. Nothing in the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed in the Services, without the prior written permission of the Trademark owner. Other product and company names mentioned in the Services may be the Trademarks of their respective owners.
Other Intellectual Property.
All other intellectual property rights related to the software, technology, and content included in the Services or used in the operation of the Services, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Framework. Any use of these rights without the prior written permission of Framework is strictly prohibited.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Framework; (iii) decompile, reverse engineer or disassemble the Services except as may
be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may include mobile applications and related services (the “Applications“). Subject to your compliance with these Terms, Framework grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications on your personal computing device that you own or control solely in connection with your use of the Services for your personal and noncommercial use. Your use of the Applications is voluntary, and you may uninstall the Applications at any time. However, by uninstalling the Applications, you will be unable to access to the Services provided by the Applications. The Applications and any underlying technology may not be exported by you outside the United States in a manner that is prohibited by applicable export laws and regulations.
Your license to the Applications and Services and Framework’s obligations under these Terms will automatically terminate if you fail to comply with any term of these Terms. No notice will be required from Framework to effectuate such termination. You will receive no refunds upon termination. Upon termination of these Terms, all of your rights to use the Application and Services shall terminate immediately and Framework may delete or remove your User Content.
Information in the Services may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, pricing, availability, and other matters.
Framework reserves the right to: (a) discontinue the sale of any product or service listed in the Services at any time without prior notice; (b) change the price of any products or services listed in the Services at any time without prior notice; and (c) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Charges and Fees.
You authorize Framework and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Services. You represent and warrant that you are the only one who will make payments in connection with the Services, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Framework are nonrefundable.
If products or services are made available for purchase through the Services, you are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order, all of which shall be added to your total invoice price. The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Framework’s offer to sell. Framework reserves the right at any time to limit the quantity of products or services ordered and/or refuse to sell to anyone. Products and services may only be used in the manner described in the Services, and are subject to all the guidelines, instructions, and limitations described in the Services.
Disclaimer of Warranties and Limitation of Liability.
THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK. FRAMEWORK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE SERVICES WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER; (II) THE SERVICES AND
IN NO EVENT SHALL EITHER FRAMEWORK OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THESE STATES, FRAMEWORK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Under no circumstances whatsoever shall Framework’s aggregate liability resulting from or relating to your use of the Services exceed Fifty Dollars ($50.00).
Links to Other Websites.
Third Party Content.
Prohibited Activities and Visitor Obligations.
As a visitor or user of the Services you shall not: 1. violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available (each, a “Post“), including by e-mail or messaging, any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any third party disclosure restrictions;
- Post any materials, items, information, or content that infringes, misappropriates, or otherwise violates any patent, copyright, trademark, or any other intellectual property or proprietary rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Services to disseminate any information or content, including by e-mail or messaging, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files, or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Services by other users; or collect, compile, or store personal information about other users of the Services;
- disrupt or interfere with the operation of the Services by overloading or exceeding the capacity of the Services or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Services or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Services or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Services or any affiliated or linked sites; or
- use the Services for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available in the Services (“User Content“). In addition to the rights granted to Framework elsewhere in these Terms, you hereby grant Framework the irrevocable right to copy, modify, distribute, publicly display, publicly perform, and use User Content in connection with the Services and for the purposes related to your Post of the User Content.
Although Framework has no obligation to screen, edit or monitor any of the User Content or user conduct in the Services, Framework reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct in the Services at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews. If you create and Post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user who makes the Post of such reviews, and Framework does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness, or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Framework. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.
Any and all comments, suggestions, contest or sweepstakes entries, and similar materials or information that you send or submit to Framework or a third party provider on the Services, by a Post or otherwise (collectively, “Submissions“), shall become Framework’s property; and you hereby transfer, sell, and assign to Framework all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Framework has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Framework shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Endorsements and Testimonials.
The Services may include endorsements or testimonials by others. Some of the people providing endorsements or testimonials on the Services, whether consumers, celebrities, experts, or otherwise, have benefited in some way by receiving products or other compensation in return for their endorsements or testimonials about products or services offered by Framework.
You agree to indemnify, defend, and hold Framework and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that you incur or suffer which relate to your use of the Services, your failure to perform any of your obligations under these Terms, Framework’s use of your Submission, or your breach of any of your representations or warranties made under these Terms.
Continued Operation, Accessibility, and Maintenance of the Services.
Framework may modify, change, suspend, terminate, or discontinue the operation of the Services or the provision of any services without notice and Framework reserves the right to refuse service to anyone at any time, with or without cause.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account. Account registration requires you to submit to Framework certain personal information. You agree to maintain accurate, complete, and up-to-date information in your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Framework reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Framework may offer interactive guidance services that connect you with guides (“Home Experts”) to answer your questions and provide you with certain additional information concerning your homebuying and homeownership journey. Framework cannot and will not provide legal advice, engage in or assist in the commission of illegal or fraudulent activities or misrepresentation or provide guidance or analysis specific to you. Guidance provided to you by Home Experts or otherwise through our website or Application is for informational
purposes only and is not legal advice. Framework is not a financial advisor and does not provide financial services or advice.
Framework does not guaranty that you will qualify for or be able to obtain a home loan or other financing relating to homeownership, and will not negotiate or otherwise take active involvement in the application for financing, negotiation with or have other contact with third parties in connection with financing or in connection with the maintenance of your home, including any disputes relating thereto.
Framework reserves the right to refuse to respond to an inquiry, in its sole discretion, and to discontinue its relationship with you, without notice, and with or without cause. Framework will not recommend a specific course of action or recommend specific third party providers to you in response to your questions or inquiries. Framework will, however, provide you with options that may meet or address your specific needs.
The analysis and guidance Framework may provide you is based on information you have provided or will provide to Framework, information Framework has developed in the provision of services, or generally available information. While the Home Experts have experience in the homebuying process and home maintenance process, if the information provided to them is inaccurate, whether provided by you or provided by third parties, any analysis or guidance from them will be impacted and may be incorrect.
You promise that all information you provide to Framework will be accurate, complete, current and truthful to the best of your knowledge as required for Framework to understand the nature of the request for which you are seeking analysis or guidance. If you provide any information that is untrue, not current or incomplete, fail to provide such information or Framework has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or is being used in connection with illegal or fraudulent activities, Framework, in addition to terminating the provision of services is authorized to disclose such information to law enforcement or other enforcement agencies or authorities.
When you use the Home Expert services, you represent and warrant that you:
- will abide by the letter and spirit of these Terms and any other agreements or policies of Frameworkreferenced in these Terms or which may be in effect during the term of the Terms;
- will not submit information that comments directly on third party service providers, but will instead relate,generally, to homeownership or maintenance, including but not limited to the financing of a home;
Apple Inc. and its subsidiaries (“Apple”) or Google LLC will be a third party beneficiary to these Terms if you access the Services using Applications developed for Apple-branded products or Android devices, respectively. UThese third party beneficiaries are not parties to these Terms and are not responsible for the provision, maintenance, or supportof the Services or the Applications in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
In addition, in the event of any failure of the Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the Applications used by you. In addition, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Framework’s sole responsibility. Framework, and not Apple, is responsible for addressing any claims, to the extent permitted under these Terms, by you or any third party relating to the Applications or your possession and/or use of the Applications, including but not limited to:
pon your acceptance of these Terms, the applicable third party beneficiary will have the right (and will be deemed to
have accepted the right) to enforce the Terms against you as a third party beneficiary hereof.
(i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation. In the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party’s intellectual property rights, Framework, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge, if any, of any such intellectual property infringement claim.
Additional Terms May Apply.
Additional terms may apply to certain products or services. Such terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable product or service. In the event of a conflict between these Terms and any additional terms, the additional terms will control for that product or service.
English has been used in the preparation of these Terms, and English shall be the controlling language with respect to these Terms and their interpretation. Any and all communications relating to the Services must be in the English language.
Any failure by Framework to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with Framework, venue shall be in the Commonwealth of Massachusetts only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Massachusetts.
If any portion of these Terms is held to be invalid, such holding shall not invalidate the other provisions of these Terms.
Use of the Services is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements and you agree not to access the Services in any such jurisdiction.
You are responsible for compliance with applicable laws.
For any questions, comments, complaints, or claims about the Applications, the Services, or these Terms, please contact Framework as follows:
Framework Homeownership, LLC
One Washington Mall, 12th floor
4837-3468-2516, v. 1