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Terms and Conditions

Home Living Tips™ Website Terms and Conditions

Thank you for visiting the Home Living Tips™ website located at www.homelivingtips.com (the “Site”).  The Site is an Internet property of Edge of the World Media, LLC (collectively, “Company” “we,” “our” or “us”).  The following Home Living Tips™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Home Living Tips™ Privacy Policy (“Privacy Policy”), the contest rules applicable to any Promotion (as defined below) offered by and through the Site (“Contest Rules”) and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). 

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) blog posts, news stories, text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites and/or news sources (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) enters one of the sweepstakes, contests and/or other promotions offered by Company from time-to-time (“Promotions”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company (collectively, the “Contact Services,” and together with the Site, Content and Promotions, the “Site Offerings”)

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST THE COMPANY PARTIES (AS DEFINED BELOW), AS WELL AS RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. You should always check with your financial advisors and/or real estate agents to be sure that any lease, mortgage, home loan and/or other home-related products and/or services featured by and through the Site Offerings are appropriate for you.  Company disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.

1. Scope; Modification of Agreement.  The Agreement constitutes the entire and only agreement between users and Company with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.  We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings.  By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).    

2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment.  The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”).  The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law.  If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.

To the extent permitted by applicable law, Company may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings.  Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  Company does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device.  You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

3. Registration Forms.  In order to utilize certain Site Offerings, including the Contact Services and Promotions, you may be required to submit one or more registration forms (each, a “Form”).  The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your e-mail address; (c) your month and year of birth; (d) the zip code associated with your place of residence; and/or (e) any other information requested by us on the applicable registration Form (collectively, “Registration Data”).  You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.  Company’s use of Registration Data shall be governed by the Privacy Policy.  For a copy of the Privacy Policy, please Click Here.

4.  Content.  The Site contains Content which includes, but is not limited to, blog posts, news stories, text, audio, video, photographs, graphics, artwork and/or other content about home purchase and maintenance topicsAlthough some of the Content made available to you on the Site is obtained and/or compiled from sources that Company believes to be reliable, Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such Content.  Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. You should always check with your financial advisors and/or real estate agents to be sure that any lease, mortgage, home loan and/or other home-related products and/or services featured by and through the Site Offerings are appropriate for you.

5.  Promotions.  From time-to-time, Company may make certain Promotions available to users.  By providing true and accurate information in connection with the applicable Promotion entry form(s) and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Promotion(s).  You understand and agree that Company shall not be liable to any end-user or any third-party for any claim in connection with your participation in any of the Promotions.

6.  Representations and Warranties.  Each user hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such user’s conduct will not: (i) invade the right of privacy or publicity of any third person; and/or (ii) violate any applicable laws, rules or regulations; and/or (d) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any order, judgment or decree applicable to user; and/or (ii) any agreement or other instrument applicable to user.

7.  Indemnification.  Each user agrees to indemnify, defend and hold the Company and its members, officers, directors, employees, agents and attorneys (collectively, the “Company Parties”), harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third party; (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; (c) that user’s conduct; and/or (d) that user’s unauthorized and/or improper use of the Site Offerings.  The provisions of this Section 7 are for the benefit of the Company Parties.  Each of those individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.

8.  License Grant.  Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings.  Company may terminate this license at any time for any reason.  Unless otherwise expressly authorized by Company, users may only use the Site Offerings for their own personal, non-commercial use.  No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company.  No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof.  No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings.  No user or other third party may use the Site Offerings in conjunction with any other third-party content.  No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company.  Each user further agrees to indemnify and hold Company harmless for that user’s failure to comply with this Section 8.  Company reserves any rights not explicitly granted in the Agreement. 

9.  Proprietary Rights.  The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited.  No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings.  The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.  The “Home Living Tips” name and logo, and all associated graphics, icons and service names, are trademarks of Edge of the World Media, LLC.  The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

10.  Legal Warning.  Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

11. Disclaimer of Warranties.  THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC HOME FINANCING AND/OR HOME-RELATED OUTCOME OR RESULT; (E) WILL RESULT IN THE WINNING OF ANY PRIZE OR OTHER PROMOTION-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE.  THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. Limitation of Liability.  EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC HOME FINANCING AND/OR HOME-RELATED OUTCOME OR RESULT; (F) THE FAILURE TO WIN A PRIZE OR REALIZE ANY OTHER PROMOTION-RELATED OUTCOME; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY.  ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Third Party Websites.  The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links.  Company does not control the information, products or services made available on, by or through these third-party websites.  The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators.  Because Company has no control over such websites and/or resources, each user agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties.  Each user further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

14.  Editing, Deleting and Modification.  Company reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

15.  Use of Registration Data.  All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy.  For a copy of the Privacy Policy, please Click Here.    

16.  Dispute Resolution Provisions.  The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties hereby agree to arbitrate all claims that may arise under the Agreement.  Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then-current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found hereThe Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available hereFor claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Site.    

17.  Miscellaneous.  To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.  Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Contest Rules, insofar as an applicable Promotion is concerned, the Contest Rules shall govern.  Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

18.  Contact Us.  If you have any questions about the Agreement, Site Offerings or the practices of Company, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: members@homelivingtips.com call us at: 551-253-2127 or send us U.S. mail to: 82-84 East Main Street, Ste 3, Patchogue, New York, 11772