SECOND HOME TERMS OF SERVICE
Last Modified: November 30, 2021
Welcome to the Terms of Service for Second Home. This is an agreement between Second Home US, Inc. (“Second Home”), the owner and operator of the Second Home wireless network, www.secondhome.io, any other related websites, associated software, and the locations where you access the Second Home network (collectively the “Network(s)”) and you (“you”, “your”, or “User”), a User of the Network.
Throughout this Agreement, the words “Second Home,” “us,” “we,” and “our,” refer to our company, Second Home, as is appropriate in the context of the use of the words.
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
After registering and being permitted to access the Network, where required, we shall grant you access to the Network as permitted by us and in accordance with this Agreement. The right to access the Network is non-exclusive and fully revocable. All rights not explicitly granted are reserved for Second Home. Your right to access our Network may be terminated at our discretion. Additionally, we may revoke your access to our Network if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct
You acknowledge that the structure, organization, and code of the Network, and all related software components are proprietary to Second Home and/or Second Home’s licensors and that Second Home and/or its licensors retains exclusive ownership of the Network, any documentation, information and any and all other intellectual property rights relating to the Network, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Second Home. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Network, access to the Network, or any portions of the Network including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Second Home to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Network, including any modifications, enhancements, derivatives, and other software and materials developed by Second Home. All rights not expressly granted in this Agreement are reserved for us.
You may use the Network solely as permitted and provided for by Second Home. Please be aware that the Network, except as expressly stated otherwise, is offered on an “as is” basis and Second Home makes no representations or warranties regarding your use or access to the Network. Second Home reserves the right to modify, change, and/or discontinue any and all portions of the Network at any time. Your continued use of the Network is subject to the Agreement and where applicable the Second Home Member Agreement (“Member Agreement”). You must follow all Second Home instructions and must abide by this Agreement including the AUP when using the Network. Further, you must abide by the Member Rules [https://secondhome.io/membership-rules-la/] when accessing the Network. Any violations may result in the termination of your access to the Network. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Network. Second Home reserves the right to suspend or terminate any account at any time without notice or explanation.
Second Home reserves the right to discontinue offering access to the Network at its discretion. Second Home shall not be liable or responsible for any losses and damages a User may experience for any discontinuance of your access to the Network.
A Users ability to submit or transmit any information through the Network, including but not limited to user information, data, recordings, other information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Network may be modified, edited, or removed at our discretion.
When submitting any User Content to our Network you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Second Home, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Network for the duration of this Agreement. Second Home has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Network. Please be aware that some or all of your User Content may be publicly accessible or visible to third parties. Specifically, Second Home shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
Second Home shall have the right, but not the obligation, to monitor all User Content on the Network at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Second Home shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
Although we try to provide continuous availability to you, we do not guarantee that the Network will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Network. You agree and acknowledge that the Network uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Network may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Network will work to the functionality desired by you or give you any desired results.
The name “Second Home” along with the design of the Second Home Network and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Second Home, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution anything contained within the Network unless we have given express written permission.
Second Home or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Second Home. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Second Home’ products might seem similar to ideas you submitted to Second Home. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Second Home, without any compensation to you; (2) Second Home may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Second Home to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE NETWORK IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SECOND HOME, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE NETWORK OR ANY SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE NETWORK; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SECOND HOME, OR VIA THE NETWORK. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. SECOND HOME DOES NOT REPRESENT OR WARRANT THAT THE NETWORK WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE NETWORK OR THE SERVER THAT MAKES THE NETWORK AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. SECOND HOME DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE NETWORK IS ACCURATE, COMPLETE, OR USEFUL. SECOND HOME DOES NOT WARRANT THAT YOUR USE OF THE NETWORK IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SECOND HOME SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
IN NO EVENT SHALL SECOND HOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SECOND HOME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY SECOND HOME’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR NETWORK OR ONE HUNDRED USD, WHICHEVER IS GREATER. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE US, OR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR YOUR USE OF THE NETWORK.
You agree to defend, indemnify and hold harmless Second Home, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the Second Home Network. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Second Home, [email protected] or Second Home US, Inc. 1370 N St Andrews Pl, Los Angeles, CA 90028 attn: DMCA.
In the event that you receive a notification from Second Home stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
This Agreement shall be governed by the laws in force in the state of California without regard to the United Nations Convention on Contracts for the International Sale of Goods or Service’s or any other implementation of the Uniform Computer Information Transactions Act. The offer and acceptance of this contract is deemed to have occurred in the state of California.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST SECOND HOME. Any and all disputes arising out of or relating to this Agreement, whether in tort or contract law, shall be resolved by final binding arbitration before one arbitrator in accordance with the then applicable rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Any claim must be brought within one (1) year of such claim arising or be forever barred. Any arbitration shall take place in Los Angeles, California. The award rendered shall be final and binding on both parties. Judgement upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Notwithstanding, in any action, suit or proceeding, whether in court or arbitration, to enforce rights under this Agreement, each party shall be solely responsible for any fees related to arbitration. The dispute resolution procedures in this section shall not apply prior to a party seeking a provisional remedy, related to claims of misappropriation or ownership of intellectual property, payment by any Users to Second Home, confidential information, removal from premises, or trade secrets such remedies abovementioned requiring injunctive relief shall be heard in a court of competent jurisdiction located within Los Angeles County, California.
You may opt-out of this dispute resolution provision by notifying Second Home within 30 days of the date on which you entered into this Agreement. You must do so by writing to Second Home US, Inc. 1370 N St Andrews Pl, Los Angeles, CA 90028, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Second Home through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, CA.
You and Second Home agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Second Home are deemed to conflict with each other’s operation, Second Home shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, AUP, Representation and Warranties, Access, User Content. Indemnification, and Arbitration sections.
You may terminate your use of the Network by notifying us. We may terminate this Agreement or your use of the Network at our sole discretion by notifying you or if we determine that: (1) you have violated any applicable laws while using our Network; (2) if you have violated any portion of this Agreement, any additional agreements, or any of our Network policies; or (3) if we believe that any of your current or future actions may legally harm Second Home, our business interests or a third party, at our discretion.
This Agreement, along with any additional agreements and any other supporting policies provided by Second Home constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Where this Agreement explicitly conflicts with our Member Agreement the Member Agreement shall control and supersede.
Second Home expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to any portion of the Network offered for any reason as determined by Second Home in its sole and absolute discretion
The Network may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Second Home and Second Home is not responsible for any content found on the Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Second Home is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Second Home of the site or any association with its operators.
Certain services made available via the Network are delivered by third party sites and organizations. By using any product, service or functionality originating from the Network you hereby acknowledge and consent that Second Home may share such information and data with any third party with whom Second Home has a contractual relationship to provide the requested product, service or functionality on behalf of you the User.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Network and our Network.
The communications between you and Second Home use electronic means, whether you visit the Network or send Second Home e-mails, or whether Second Home posts notices on the Network or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Second Home in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Second Home provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Where you have any questions, issues, or if you are having trouble accessing or using the Network, please contact us at [email protected]
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Second Home must be sent to our agent for notice to: [email protected] or Second Home US, Inc. 1370 N St Andrews Pl, Los Angeles, CA 90028
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.