THE EFFORTLESS HOME LLC TERMS AND CONDITIONS
Terms of Use
Last Updated: February 28, 2022
Welcome to www.theeffortlesshome.co
Please carefully read these terms and conditions (these "Terms and Conditions") before using this website.
Background
The Effortless Home LLC ("Effortless Home," "we" or "us" or “our”) is the owner of this website, www.theeffortlesshome.co (the “Site”). These Terms and Conditions establish the framework for accessing this Site. By accessing any areas of the Site (including access through a mobile platform), users (“Users” or “you”) agree to be legally bound and to abide by the terms set forth below, and by all terms, policies and guidelines incorporated by reference herein.
The Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the "Information"); the arrangement, selection, and compilation of which is either owned or licensed by us. By accessing, using or downloading materials from the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
These Terms and Conditions are not exhaustive of our requirements of you to use this Site and does not limit our ability impose any other applicable provisions, laws, rules, statutes, codes or regulations (collectively, “Law”) in either or all cases, available to it, at any time, within its sole discretion.
Your use of the Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions as follows:
1. License Grant
Effortless Home grants you a worldwide, non-exclusive, and non-transferable license to use the Site. You may download, view, copy, and print the Information incorporated into the Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Site, to facilitate unfair competition with the Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms and Conditions. Effortless Home reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
2. Restrictions
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the Site. Unless separately and specifically authorized in writing by Effortless Home, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the Site without the authorization of Effortless Home is strictly prohibited. You agree to use the Site and Information for lawful purposes only. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary rights, or any other harm caused by your use of the Site or Information.
3. Orders
We accept credit and debit cards: Visa, MasterCard, American Express, and Discover. We also accept cash equivalents, such as PayPal and Amazon Pay.
When placing a credit or debit card order online or from any mobile device, you will need: (1) the name of the person who was issue the card, (ii) the billing address for the card, (iii) the card number and expiration date, and (iv) The 3 or 4 digit code found usually on the back of the card.
Credit card payments are made over our Secure Socket Layer encrypted connection. Upon receiving your order, we carry out a standard authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Your credit card will be debited upon authorization being received.
4. Cancellation
Any cancellation, re-scheduling or any other delays to a scheduled visit by Effortless Home is subject to a fee.
5. User Content
Currently, the Site does not allow for user-generated content. But in the event that it does, the following shall apply:
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to Effortless Home on or in connection with the Site are submitted without any restrictions or expectation of confidentiality (User Content does not include assignments or homework provided to the tutor by the student for review). Effortless Home shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. Effortless Home shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. Effortless Home does not screen, edit or review material submitted by users. Effortless Home, therefore, accepts no responsibility or liability for any material which may reside in or is accessed by the Site other than Effortless Home Information. Effortless Home has no responsibility with respect to other sites.
User Linking. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the Site. Furthermore, you may not use any of Effortless Home's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the Effortless Home's express written permission, which Effortless Home may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by Effortless Home; (ii) cause confusion, mistake, or deception; (iii) dilute Effortless Home's trademarks or service marks; or (iv) otherwise violate state or federal law.
6. Third Party Links
The Site may contain links to other websites. These links are provided for informational purposes only, and Effortless Home does not sponsor or affiliate with any linked entity unless expressly stated. Effortless Home makes no representations and assumes no responsibility for your use of links provided on the Site. You acknowledge and agree that such third parties are entirely responsible for the content of their own sites. You agree to indemnify and hold Effortless Home, and any of its related entities, board members, employees, agents, and representatives harmless from and against, and shall reimburse Effortless Home for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys' fees) which may be incurred by Effortless Home as a result of the material you link, upload, post, or transmit to the Site. Effortless Home has no duty to review or edit materials submitted by Users. Any such materials may be removed by Effortless Home at any time for any reason whatsoever.
You agree to release and hold Effortless Home harmless from and against any claims whatsoever, including copyright, trademark, right of publicity, defamation, invasion of privacy or libel with respect to the content of any third party works available on our Site whether or not such third party works are or were posted by us. THIS UNLIMITED RELEASE APPLIES TO EFFORTLESS HOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, REPRESENTATIVES, AND ASSIGNS. Nothing herein limits the right of any owner of such content to claim the benefits of fair use or any other exceptions, exemptions, or defenses available at law or in equity.
7. Modification
Effortless Home reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site.
8. Password Disclosure Intentionally left blank
9. Technology
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. Effortless Home is not responsible for your failure to use the recommended or compatible software.
10. Monitoring
You acknowledge that Effortless Home reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Site. Effortless Home, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Effortless Home deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
11. Export Controls
Your use of the Site will comply with all applicable laws, rules, and regulations that govern the export of technical data.
12. Privacy and Consent to Share Certain Information
Please click on the "Privacy Policy" hypertext link located at the bottom of the Site.
13. Children
By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You are not permitted to use the Site if you are under the age of 18 unless you have a legal guardian or a responsible person over the age of 18 in the room with you during the session.
14. Choice of Law and Jurisdiction
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions, or your use of the Effortless Home site, shall be governed by and construed in accordance with the laws of the State of New York, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in the County of New York, and you irrevocably agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of New York as your agent for service of process. You agree to waive any objection that the state or federal courts of New York County, New York are an inconvenient forum.
15. Disclaimer of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to the Site. Furthermore, you acknowledge that the Information and links provided through the Site may be compiled from sources that are beyond the control of Effortless Home. Although such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur and that Effortless Home and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. EFFORTLESS HOME DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. EFFORTLESS HOME EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EFFORTLESS HOME SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD EFFORTLESS HOME HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
16. Limitation of Liability
IN NO EVENT SHALL EFFORTLESS HOME OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
17. Limitation of Claims
Any action on any claim against Effortless Home must be brought by the User within one (1) year following the date the claim first accrued, or the claim shall be deemed waived.
18. Severability
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
19. Indemnification
You agree to defend, indemnify, and hold Effortless Home and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of Effortless Home or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third-party claim is brought, Effortless Home has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If Effortless Home exercised this option, you agree to cooperate with it in asserting any available defenses.
20. Copyright, Patent and Trademark Notice
The Site and Information are the valuable, exclusive property of Effortless Home or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Effortless Home's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. Effortless Home, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Effortless Home, Inc. All other product names and company logos mentioned on the Site or Information are trademarks of their respective owners.
21. Notice and Procedure for Copyright Infringement Claim
Effortless Home, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right to terminate your use the Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Effortless Home accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Effortless Home has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Effortless Home's designated agent to receive notification of claimed infringement is:
Contact
The Effortless Home LLC
Email: danielle@theeffortlesshome.co
Tel: 914-557-4022
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary rights, should be sent to the Effortless Home designated agent, listed above, and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Description 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.
Description of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or another proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
22. Entire Agreement
The Terms and Conditions constitute the entire agreement between you and Effortless Home. This agreement may not be modified except by Effortless Home.