HomeStarsTerms of Use

Your access to our services including our website (“www.HomeStars.com”), SMS, email notifications, applications, buttons, widgets, or ads (collectively, the “Services”), provided to you by HomeStars Inc. (“HomeStars”) is subject to these legally binding terms and conditions. Please, carefully read all of the following terms of use (the “Terms of Use” or “Terms”) before proceeding. Your continued use of the Services indicates your acceptance of the Terms and that you intend to be legally bound by them. If you do not agree to be bound by these Terms, you should not use this Services. If you consider future amendments made to these Terms of Use to be unacceptable, please do not continue to use the Services.

These Terms of Use is a validly enforceable agreement between you (“you”, and also “your” or “yours”) and HomeStars Inc. (“HomeStars”). Throughout these Terms, the words “ourselves”, “us”, “we”, and “our(s)” will refer to HomeStars, its parent, subsidiaries, assignees, successors, affiliates, and/or brands; and also our Services, as appropriate in the context of the use of such words. Your use of the Services is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services or information available through the Services meet your specific purposes.

Any failure on your part to comply with these Terms of Use may lead to HomeStars: (i) prohibiting you from using the Services and any related privileges; or (ii) instituting any other remedies HomeStars or its affiliates, at their sole discretion, deem appropriate. To prevent any breach of the Terms hereof and to enforce any remedy available at law, we shall take any technical, legal or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user.

HomeStars Privacy Policy and HomeStars SMS Short Code Terms of Service is incorporated herein by reference and forms an integral part of these Terms. If you are a paid Service Professional, then your use of the Services will also be governed by the HomeStars Service Professional Terms of Use.

“Behaviour Violations” means a company that has engaged in unfair business practices that include the following but not limited to tampering with reviews, engaging in bullying behaviour with a reviewer, Consumer Protection Agency convictions, has taken deposits and not completed work, financial compensation for positive reviews, or false advertising.

“Claimer/Claiming Company” means a company that claims a Company Profile created on the HomeStar for that same company by a User or third party.

“Company” means a business or individual contractor whose information and contact details are posted on the Services.

“Company Profile” means an assemblage of accounts, data files, settings, photographs, audio-visual recordings, reviews, ratings, and descriptions that contain certain information about a Company provided to HomeStars by Service Providers, Users, and/or third parties;

“Content” means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Services, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public.

“User Content” means Content that you, or other Users submit or transmit to, or in connection with the Services.

“HomeStars Content” means Content that we create and publish in connection with the Services.

“Third Party Content” means Content that originates from parties outside HomeStars or its users, which is made available through the Services.

“Services Content” means all of the Content that is made available in connection with the Services, including your Content, user Content, Third Party Content, and HomeStars Content.

“Service Provider(s)” means a company or companies that provide Users with home professional services that may or may not be a Claimer.

“User/Users” means an individual or corporate entity that visits/uses/interacts with the Services to obtain a benefit or contribute content, and who may or may not be a Service Provider, or a Claimer.

Account - In order to use part or all of our Services, you may need to create a profile and register on our Services.

Permission to use the Services - You are permitted to use the Services subject to the restrictions stated herein. You use the Services at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. HomeStars undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Services and, if you are under such age, are using the Services under the direct supervision of your parent, legal guardian or responsible adult.

Services Access - You agree that our Services may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Services, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Services will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Services without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Services unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Services or otherwise authorized by us.

Compliance - HomeStars is not responsible for your violation of any laws while using our Services. You must comply with any and all local, provincial, or federal laws regarding your use of our Services, including, but not limited to, reviews and indications of any local service or establishment. We hereby reserve the right (but not the obligation) to remove and/or edit any content you or other user posts on the Services, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Services.

User Accounts - You must create an account and profile and asked to provide certain information about yourself in order to use some features of the Services. You are responsible for the confidentiality of your HomeStars account password and also for any activities that occur in connection with this account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. In creating your HomeStars profile, we ask that you provide accurate information about yourself to bring credibility to your contributions on the Services. You may not impersonate any other person. If you use a pseudonym as an online name, please note that other Services users may still be able to identify you if, for example, you include identifying information in your reviews or if you use the same account information on other Services. Please read our Privacy Policy for more information.

Communications from HomeStars and other users - By creating an account, you agree to receive certain communications from the Services regarding your account. For example, you will receive notifications on the status of your reviews, responses to inquiries from companies and confirmation of account creation. Service Providers will receive notifications when you receive a review, email inquiries sent through HomeStars, and confirmation of account creation. You can also subscribe to emails pertaining to promotions or services, as well as our e-mail newsletter. You can opt-out of non-essential communications at any time.

Links to Third-Party Sites - Our Services contains links to third-party sites. HomeStars is not responsible for third party linked sites. Your use of these sites is at your own risk and HomeStars is not responsible for Third-Party Content or changes to these sites. HomeStars makes no endorsement about any other websites which you may access through our Services. The terms of use and privacy policies of those websites will likely differ from that of ours. It is your responsibility to review the terms of use and privacy policy of any Third-Party Sites. Our Services may contain materials, text or information provided, published or offered by third parties, including but not limited to advertisements, reviews, videos or postings in on-line community discussions. You agree that HomeStars shall not have any liability whatsoever to you for any such third party material, data or information.

When you click on a link for another website, you are leaving Homestars, and we are not responsible.

Updates - HomeStars hereby reserves the right to update, modify, discontinue or terminate the Services at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the Services, and we may notify you through the Services, by email and/or short message service. Please, refer to the date shown below for the date where effective changes were last undertaken. Your continued use of the Services after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

Privacy - You represent and warrant that you have read and acknowledged the terms of our Privacy Policy. Please take into account that we may need to disclose certain personally identifiable information about you, if we or our affiliates have a good faith belief that such a disclosure is necessary to: (i) take any action regarding factual or alleged illegal or inappropriate activities by you or any user of the Services; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with due legal process, judicial proceeding or other valid government request served on us or our affiliates (e.g. subpoenas, search warrants); and/or (iv) protect our rights, goodwill and assets, or that of our users, affiliates, or the general public. If you use the Services outside of Canada, you therefor consent to have your personally identifiable information transferred to and processed in Canada.

Computer, Telephone and Internet is Your Responsibility - You agree that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto. Further, you may consent to opt-in to receive a SMS text messages. We shall not be liable for any damage to you for any data charges resulting from use of the Services. Please read our HomeStars SMS Short Code Terms of Service for more information on SMS text messages.

Service Provider Accounts - You must create an account and profile and will be asked to provide certain information about your business in order to use some features of the Services. You are responsible for the confidentiality of your HomeStars account password and also for any activities that occur in connection with this account. You agree to notify us immediately of any unauthorized use of your account. In creating your HomeStars profile, we ask that you provide accurate information about your business to bring credibility to your contributions on the Services. You may not impersonate any other person or business.

Service Provider Reviews - We provide Users with the ability to rate their experience(s) working with you via User ratings and reviews. Claimers also have the ability to solicit and collect ratings and reviews from any of their Users, which may or may not be displayed on their Company Profile, at HomeStars’ sole discretion. You acknowledge and agree that HomeStars has the right, in its sole discretion, to contact Users about services you provide to gain their feedback and rating of you, and to display such User ratings and reviews on our Services. You acknowledge and agree that HomeStars is not responsible or liable to you for any comments, ratings, or communications of any kind from Users that we choose to post on our Services.

Third Party Interactions with Service Provider - You agree that we shall have the right to disclose any information we have regarding you and your company we believe necessary to satisfy any law, regulation, or governmental request for information from us regarding any work or services you have performed for Users. You understand and agree that you are solely responsible for your interactions with Us, other Users, or Service Providers. We reserve the right, but are under no obligation, to monitor disputes between you and other Users, or Service Providers. You agree that if another User, or Service Provider breaches any obligation to you, you are solely responsible for enforcing any right that you may have. HomeStars is not responsible for enforcing any rights under a contract between you and another User, Member, Claimer, or Service Provider.

Responsibility for Your Content - If you provide written, verbal, telecommunication, audio, video recordings, comments, or testimonials about our service(s) or products, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Services or in marketing materials, including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing.

Our Right to Use Service Provider Content - You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs or audio video recordings, in the form or format that you supply to us or that you upload to our Services, for use and posting on our Services and for use in marketing materials to be promoted to Users through online postings, via emails or otherwise, to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.

Service Provider Ownership - You represent that you hold all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Services, and you represent that your uploading for display of any such content, and the use by HomeStars of such content, as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us, in writing, with any such restrictions or limitations of use.

Service Provider Content does not reflect the opinion of HomeStars - HomeStars reserves the right, in its sole discretion, to review, reject and remove any Content that you upload to the Services or your Company Profile. You represent and warrant that all of the information you provide to HomeStars, including any and all information you include on your Company Profile, is true and accurate. You agree to maintain and update such information to keep it accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeStars for any such damages, and will indemnify HomeStars in the event of any third party claims against HomeStars based on or arising from your violation of the foregoing. If you provide any information that is inaccurate, or HomeStars has reasonable grounds to believe is inaccurate, HomeStars may suspend or terminate your use of the Services and/or Membership and/or decline to permit your continued and/or future use of the Services and/or future Membership. You hereby understand that your Company Profile will include any predecessor or successor entities of your company, and any other company which have the same majority shareholders, or partners of your company, may be considered as an affiliate company that could be referenced on your Company Profile.

HomeStars Ownership - We own the HomeStars Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, Company/user review and ratings, badges, awards, and any and all other multimedia elements and/or components of the Services, excluding your Service Provider Content, the User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the HomeStars Content and the Services throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the HomeStars Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Services and the HomeStars Content are ours. The use of HomeStar’ logo, best of award and verification badge are subject to HomeStars’ terms and conditions and HomeStars has the sole discretion to restrict your use of HomeStars Content.

Guidelines - you represent and warrant that you have read our Consumer Review Guidelines

Responsibility for your Content - You are responsible for your Content, and once published, you must contact HomeStars directly to have it removed. You assume any risk associated with your Content, including another user’s reliance on its accuracy or reliability, or any information in your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We reserve the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion for any reason or no reason, and without notice to you.

Our Right to use your Content - We may use your Content in many different ways. This includes publicly displaying it, reformatting it, incorporating it into advertisements, distributing it, and allowing others to do the same on their own websites and media platforms. You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use your Content for any purpose, and you hereby represent and warrant to HomeStars that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the Services and any third party publicly accessing the Services, right to access your Content in connection with their use of the Services and any service thereon. Finally, you irrevocably waive, and cause to be waived, against HomeStars and its users any claims and assertions of moral rights or attribution with respect to your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Content.

Ownership - You own your Content, and we own the HomeStars Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, Company/user review and ratings, and any and all other multimedia elements and/or components of the Services, excluding your Content, the User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the HomeStars Content and the Services throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the HomeStars Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Services and the HomeStars Content are ours.

Advertising - HomeStars may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. These advertisements may be tailored to the content the Services and Companies shown thereinto, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding advertisement opt-out.

Newsletters – You may consent to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive quotes and deal information according to your user preferences. As our user, you will be able to select the amount and volume of emails received by you, along with the prices, travel destinations and other information. You will be able to unsubscribe from our newsletter at any time.

User Content does not reflect the opinion of HomeStars - At our discretion, and without any notice to you, HomeStars reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company's rating and reject subsequent submissions from you, disable your account, or block your IP address. HomeStars does not take responsibility for the accuracy or completeness of User Content. You are responsible to use your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other content found on the Services. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Spam – HomeStars and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Services, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Services to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.

You may not use the Services to bully other users, upload illegal material, modify Services content, send spam or hack into user information.

In connection with your use of the Services, you agree that you shall not:

• Help, motivate, or enable others to infringe these Terms;
• Impersonate any person or entity, including without limitation, a HomeStars officer or agent;
• Plagiarize or infringe the intellectual property rights of a third party; including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, personality rights or any other intellectual property or proprietary right;
• Use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason;
• Collect, receive, transfer or disseminate any personally identifiable information of any user of the Services without the express authorization of the holder;
• Engage in keyword spamming of reviews or profile text, or otherwise attempt to manipulate any Service's search results, write fake or defamatory Content or trade reviews with other businesses;
• Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploit the Services other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; (v) promotes or encourages illegal, fraudulent or inappropriate activities; and/or (vi) promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services’ Content (other than your reviews), except as expressly authorized by HomeStars;
• Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Services or to retrieve or index any portion of the Services;
• Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters;
• Use the Services to give other users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
• Reverse engineer, decompile, or disassemble the Services, or to convert into human readable form any of the contents of our Services not intended to be so read, including, but not limited to, using or directly viewing the underlying code for the Services except as interpreted and displayed in the browser;
• Take any action that will or may cause an unreasonably large load on HomeStars’ technology infrastructure or otherwise make excessive traffic demands of the Services;
• Bully, intimidate, harass, put undue pressure, initiate or threaten a legal action in retaliation to a Review posted on our Services; or
• Use the Services for any purpose that is unlawful or prohibited by these terms and conditions.

In addition to the above noted restrictions, Service Providers in connection with your use of the Services, you agree that you shall not:

• Engage in any Behaviour Violations;
• Engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeStars, any User, or other third party, including, but not limited to, disclosing any User personal information to any third party.
• Violate any applicable Federal, Provincial, local and other laws and regulations.

You shall not use the Services in any manner that could interfere with any other user's use and enjoyment of the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Services, services, accounts, computer systems or networks connected to HomeStars through hacking, password mining or any other means.

HomeStars reserves the right to decide what data, content, or information is published to, or removed from, the Services that is deemed to violate any of the above restrictions.

Limited License and Copyright - Subject to these Terms, you grant HomeStars a non-exclusive, non-transferable, limited right to access, use and display the Services and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Services. This authorization is not a transfer of title in the Materials is subject to the restrictions in the Terms.

Trade-marks - The trade-marks, logos and company names of HomeStars or any of its affiliates used on the Services may not be copied, imitated or used, in whole or in part, without the prior written consent of HomeStars or any such affiliate. Other products, services, logos and company names mentioned on the Services may be the trade-marks of their respective owners. Except as expressly provided herein, HomeStars and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.

Non-infringement - You may not post or otherwise make available to the Services any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify HomeStars for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a Review, or on or in connection with the Services.

In no event shall HomeStars or its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are 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. HomeStars’ maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Services and any services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Services and any services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) CDN$50 (fifty cdn dollars), whichever amount results inferior. The use of the Services is at your own risk and HomeStars assumes no liability or responsibility pertaining to the content, your use of the Services or the receipt, storage, transmission or other use of your personal information.

The materials and information accessible through our Services may contain inaccuracies and typographical errors. HomeStars and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through our Services, or the reliability of any advice, opinion, statement or other information displayed or distributed through our Services. HomeStars assumes no responsibility for the accuracy and completeness of any review. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. HomeStars will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of your use of the Services.

Your use of our Services is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the Services. HomeStars is not responsible for any content or information that you may find undesirable or objectionable. HomeStars hereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our Services, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. Any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, our Services, any linked websites or linked social media platforms, or any of the services or content of the foregoing. You understand that Homestars is a private corporation and has no connection to any governmental body. Neither HomeStars, nor its employees, affiliates, contractors and/or agents warrantee that the Services will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by HomeStars or its employees, affiliates, contractors and/or agents shall create a guarantee.

If you are dissatisfied with the Services and the content thereon, or the terms of use, your sole and exclusive remedy is to discontinue use of the Services.

From time to time, HomeStars may offer, either on or through the Services, promotions or games (“Promotions”). You agree to release HomeStars and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Services. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Services, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. HomeStars reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

HomeStars may, at its sole discretion, cancel or suspend any of your privileges related to the use of the Services in whole or in part for any reason, including without limitation, the non-compliance with these Terms of Use, the Consumer Review Guidelines, and Code of Conduct.

HomeStars is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and HomeStars agree to resolve any dispute that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as HomeStars and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly Toll-free: 1-877-488-0312.

Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.

Improperly Filed Claims - Claims you bring against HomeStars must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow HomeStars to recover legal fees provided that HomeStars has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.

NO CLASS ACTIONS OR CLASS ARBITRATIONS – YOU AGREE TO RESOLVE ANY CLAIMS RELATING TO THIS AGREEMENT OR OUR SERVICES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.

Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HomeStars must be resolved exclusively by provincial or federal court located in Toronto, Ontario, Canada except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) totalling an amount of less than $25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms constitute the entire agreement and understanding between you and HomeStars and governs your use of the Services and services provided therein, superseding any prior agreements between you and HomeStars. The failure of HomeStars to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. HomeStars may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms of use without the prior written consent of HomeStars, and any such attempted assignment will be void and unenforceable. No waiver by HomeStars of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.

Force Majeure - HomeStars will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Severability - If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Relationship - You and HomeStars are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Upon your request to us, and after proper review, we may edit, and/or delete your personal data or other information from our active database. Please be advised that we may not be able to delete all your personal data from some of our secure databases and, in such case, we will make the data permanently inaccessible to any third parties. You may also be able to edit the personal information we store about you, by going to your account setting on the Site.

To request a removal of your personal data on HomeStars please email:
data.requests@homestars.com

If you have any questions regarding these Conditions of use, you can reach us at the following address:

HomeStars Inc.
49 Spadina Avenue Unit 501, Toronto, Ontario
M5V 2J1
Tel: 1-877-488-0312

Contact Us