Last Modified: May 5, 2026
1. Acceptance of the Terms of Use
These terms of use are entered into by and between you and Thrive One, LLC a California limited liability company /dba/ ReadilyHome (“ReadilyHome”, “Company”, “we”, “our” and similar). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, “Terms of Use”), govern your access to and use of our “Software as a Service” web platform located at www.readilyhome.com (the “Platform”), including all pages comprising the Platform and any information, materials and content (collectively, “Content”), functionality, and any online services offered by the Company (collectively, “Services”).
By using the Platform, or by clicking to accept or agree to the Terms of Use, if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at: [URL to PP goes here], incorporated herein by reference. These Terms of Use and our Privacy Policy govern electronic communications, including email, between the Company and you.
Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
This Platform is not intended for or intentionally directed toward users under eighteen (18) years of age. If you are under eighteen (18) years of age (a “Minor”), you may not use the Platform. Minors under thirteen (13) years of age may not provide any information to us or fill out any forms available on the Platform. These additional measures are in place to keep our users as safe as possible online. If you are a parent or legal guardian of a Minor, you hereby agree to fully indemnify and hold harmless the Company if your Minor breaches any of these Terms of Use. Please refer to our Privacy Policy for more information regarding collecting data from Minors.
Your use of the Platform constitutes your agreement to abide and be bound by all such Terms of Use, without modification.
Please read this document carefully because it affects your legal rights and keep a copy of it for your reference.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, PLEASE NAVIGATE AWAY FROM THIS OUR PLATFORM AND DO NOT USE THE PLATFORM.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions, governing law, or jurisdiction set out in these Terms of Use will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Platform, so you are aware of any changes, as they are binding on you.
3. Accessing the Platform
We reserve the right to withdraw or amend the Platform, and any services, or materials we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users.
You are responsible for making all arrangements necessary for you to have access to the Platform.
We offer Services to two (2) general classes of free and paying users:
- “Homeowners” are users of our Services who are individual homeowners, including persons, entities, trusts, etc., using the Platform and our Services solely for non-commercial/personal use.
- “Partners” are users of our Services who are using the Platform and our Services for commercial use, such as real estate agents, loan officers, insurance professionals, etc., in connection with providing professional services to their clients.
4. Notice of Recurring Subscriptions
We offer different payment options including monthly and annual subscriptions to our Services and to access the Platform.
By signing up for a paid subscription, you represent and warrant that:
- You are authorized to use the payment form you provide.
- You voluntarily agree and consent to be charged, each month or each year, the amount provided when you sign up.
- You are responsible for any state or local taxes incurred, if any, related to the purchase of our Services.
- We will remind you ahead of time that your subscription will automatically renew and you will be charged (a) before the end of the next month, or (b) at least thirty (30) days before the end of an annual renewal.
- You can cancel your subscription at any time in your account’s control panel or by emailing us at: info@readilyhome.com.
- No refunds will be issued.
- Subscription rates are subject to change, and you will be given notice of any new rates before your subscription renews.
- If you cancel or choose to not renew, you will be responsible for removing all files and Private UGC (defined below) from the Platform. The Company does not retain any user materials once an account has been canceled for any reason.
5. Intellectual Property Rights
The Platform and its entire Contents, features, and functionality, all information, software, text, displays, images, video, and audio, and the design/look and feel, selection, and arrangement thereof), trade names and trade dress, and any services sold or offered through our Platform are owned by Thrive One, LLC, its parents, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Homeowner Grant of License.
Additional license terms apply to different levels of subscriptions and are provided to Homeowners when you choose a subscription level. Homeowners will have a limited license to use the Platform and our Services. The Platform and our Services may be used worldwide using a Homeowner’s personal device. This limited license is revocable, non-exclusive, nontransferable, non-sublicensable, and non-assignable. The permissions granted by this license will end when a Homeowner’s subscription ends, or if canceled by the Homeowner. This license does not constitute a sale of Company software to any user.
These Terms of Use permit Homeowners to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer or other web-enabled device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may either print or download one copy of a reasonable number of complete pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Platform.
- Use, copy, download or distribute any illustrations, photographs, video or audio sequences, or any graphics without written permission and separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
- Access or use for any commercial purposes any part of the Platform or any Services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: info@readilyhome.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform, or any Content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
- Partner Grant of License.
Additional license terms apply to different levels of subscriptions and are provided to Homeowners when you choose a subscription level. Partners will have a limited license to use the Platform and our Services. The Platform and our Services may be used worldwide using a Partner’s personal or business device. This limited license is revocable, non-exclusive, nontransferable, non-sublicensable, and non-assignable. The permissions granted by this license will end when a Partner’s subscription ends, or if canceled by the Partner. This license does not constitute a sale of Company software to any user.
These Terms of Use permit Partners to use the Platform for commercial use only as it pertains to providing professional services to your clients or in a business capacity. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer or other web-enabled device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may either print or download one copy of a reasonable number of complete pages of the Platform for your own personal, commercial use (for example to share with a client) and not for further reproduction, publication, or distribution.
- You may modify copies of materials from this Platform (for example, to include with a business-branded report for a client); however, you agree that you will not remove, cover, or deface any Company trademarks, service marks, or logos.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Use, copy, download or distribute any illustrations, photographs, video or audio sequences, or any graphics without written permission and separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: info@readilyhome.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform, or any Content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Partners may use the Platform to create accounts for their business clients and invite them to use the Platform in a Homeowner capacity. Homeowner license will apply to any Partner client use.
6. Trademarks
The Company names, logos, and all related names, logos, including Thrive One, ReadilyHome, HomeThrive, service names, designs, and slogans are trademarks of Thrive One, LLC, its parents, owner(s), affiliates or licensors. You must not use such names or marks without the prior written permission of the Company. All other names, logos, service names, designs, and slogans, if any, on this Platform are the trademarks of their respective owners.
7. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate a Company employee or owner, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company, the Platform, or other users of the Platform, or expose any of the foregoing parties to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
8. Monitoring and Enforcement; Termination
We reserve the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, we reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS THRIVE ONE, LLC, INCLUDING ITS PARENTS, OWNERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all information before it is sent to us through the Platform. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided at the end of these Terms of Use (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by the Notification, a representative list of such works on the Platform; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity 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; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
For full information regarding Notifications, please see: https://www.copyright.gov/512/.
10. Electronic and Text Communications
Visiting our Platform, contacting use through a form on the Platform, or sending emails to us constitutes electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.
By providing your email address or phone number, you agree to receive communications from us via email, phone call, WhatsApp, or SMS related to the services you have requested we provide to you. You agree that such communications may occur at any time and at no further obligation to you. You can opt out of receiving messages from us at any time and for no cost, as provided in an email or text message to you.
11. Disclaimers.
By using the Platform, you agree in full to our Disclaimers.
A. General Disclaimer.
Our Platform and its Content are for entertainment, informational and educational purposes only.
You acknowledge and agree that our Platform and Content may not be suitable for all persons, businesses, locations, or specific situations.
We make no guarantees regarding the Content presented on this Platform and your success with applying it. We do not guarantee any specific results through the use of our Platform or its Content.
Your decision to visit our Platform and view the Content is voluntary, and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, your property or otherwise which may result from the use, whether direct or indirect, of our Platform or Content.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Platform or Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, damage to property, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Should you choose to use our Platform or Content, to the extent allowed by law, we shall not be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our Platform or Content, including any injuries sustained as a direct or indirect result of use or reliance on such information or use of such resources. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our Platform or Content, whether now known, or discovered in the future. You expressly agree not to make any claims against the Company, including our parents, owner(s), or affiliates, and each their respective directors, officers, contractors, and agents.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Platform participant or user, including you.
B. Technology Disclaimer.
By using our Platform, you acknowledge and agree that we make no guarantees or warranties regarding our Platform and its condition, including its functionality, the existence of viruses, uninterrupted use and availability.
We strive to ensure that the availability and delivery of our Platform or Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates or other functions. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our Platform or Content become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our Platform, we do not owe you any refunds or reimbursement.
We have made every effort to display as accurately as possible the colors and images that appear on the Platform. We cannot guarantee that your computer’s monitor or mobile device’s display of any Content (color, size, etc.), including images that you upload, will be accurate. If you have any questions regarding our Content, please email us at: info@readilyhome.com.
You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our Platform or Content, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our Platform and that we are not liable to you in any way for a decision to cease its operation.
C. Errors and Omissions Disclaimer.
We strive to include the most up-to-date and accurate information on Platform or Content. You acknowledge and agree that information contained on our Platform or Content may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its Contents.
D. Information Posted Disclaimer.
This Platform may include content provided by third parties, including materials and content provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- AI Output Disclosure, Disclaimer and Responsibility for Use of the Platform.
The Platform generates content with the assistance of artificial intelligence (“AI”) to analyze user input such as text, images, and other data to provide content related to a user’s inquiry. The AI tool used is OpenAI. The results are not reviewed by a human before being presented to a user. The results may be inaccurate and should not be considered a substitute for professional advice.
For the avoidance of doubt, all AI output and content generated by the Platform, including but not limited to viability, longevity, or “repair or replace” assessments are informational, estimates, and not professional assessments or advice. All AI outputs and content generated are provided “as is” with no guarantees of any kind, including accuracy, completeness, or fitness for any specific purpose. The Platform is not a substitute for a licensed contractor, mechanic, or technician.
By using the Platform, you voluntarily accept all risks for and are responsible and liable for all uses of the Platform provided by the Company, directly or indirectly and of any nature whatsoever. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for taking proper safety precautions, getting professional advice, and for all risks, actions and failures to take required actions with respect to the Platform or content provided through it, whether such access or use is permitted by or in violation of this Agreement.
12. Linking to the Platform and Social Media Features
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Platform may provide certain social media features that enable you to:
- Link from your own or other third-party websites to certain Content on this Platform.
- Send emails or other communications with certain Content, or links to certain Content, on this Platform.
- Cause limited portions of Content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
13. Links from the Platform and Third-Party Services
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to our third-party service providers, third-party social media websites, and links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Certain services made available via the Platform are delivered by third party websites and organizations. By using any Service or functionality originating from our Platform, you hereby acknowledge and consent that, subject to our Privacy Policy, we may share such information and data with any third party with whom we have a contractual relationship to provide the requested service or functionality on behalf of our Platform’s users and customers.
14. Geographic Restrictions
The owner of the Platform is based in the State of Colorado in the United States. We make no claims that the Platform, any of its Content, or any of our services are accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Independent Parties
You and the Company are separate and independent parties. Using our Platform does not create a joint venture, agency, partnership, client relationship between the parties. Nothing in these Terms of Use creates an obligation or responsibility for any purpose, express or implied, between the parties, except as provided in these Terms of Use.
16. Public User Generated Content
If, in the future, the Platform allows for a public forum where you can leave written posts, upload materials, or otherwise create any other public-facing user-generated content (“Public UGC”), you agree that your Public UGC is your own original creation and will not infringe on any third party’s rights (including intellectual property rights, privacy rights, confidentiality obligations, and other laws, rules or regulations). Public UGC created or uploaded in a public forum on the Platform is not private and may be accessible to anyone who visits such publicly accessible portions of the Platform. We reserve the right to delete any Public UGC for any reason in our sole discretion. Unless otherwise agreed in writing, all Public UGC will become the property of the Company at no compensation to you. We reserve the right to delete, edit, copy, reproduce, or use your Public UGC in any medium and for any purpose without compensation to you.
17. Private Profile Content
The Platform allows users to upload personal images, documents, and other user-generated content which is NOT available in a public-facing area of the Platform (“Private UGC”). If you upload Private UGC, you represent and warrant that all such content belongs to you or you have the rights to upload the Private UGC to the Platform. You agree that your Private UGC may be used or modified on the Platform for the purposes of the Company providing the Services you request from us to you, including but not limited to: determining replacement schedules and costs, tracking projects created by you, maintaining an inventory of items, and similar services. This grant of permission by you is for so long as you have an account on the Platform and no compensation will be paid to you by the Company for this permission. You may remove your Private UGC at any time.
If you cancel your subscription, you will be prompted to download your Private UGC within a certain amount of time. Once your account is deleted, any remaining Private UGC is also deleted and will be no longer accessible to you for any reason.
18. Assumption of Risk and Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data.
YOUR USE OF THE PLATFORM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY CONTENT, OR SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THRIVE ONE, LLC, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitations on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THRIVE ONE, LLC, ITS PARENTS, OWNERS, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY LOSS OR DAMAGE, UNDER ANY LEGAL THEORY, CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR WEB-ENABLED DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS PARENTS, OWNERS, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its parents, members, owners, affiliates, licensors, agents and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, agents and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to: Public UGC or Private UGC uploaded to the Platform, or any use of the Platform’s Content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
19. Term and Termination
These Terms of Use will take effect at the time you begin using the Platform. The Company reserves the right, with or without notice, at any time and for any reason to deny you access to the Platform or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Platform, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must download all your uploaded files/Private UGC and destroy all copies of any portion of the Platform, including any Content, in your possession.
20. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, demand for arbitration, or other proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Arbitration
For all disputes, please first give us an opportunity to resolve the dispute which is done by emailing the following information to info@readilyhome.com: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within forty-five (45) days after receiving your notification, then you may pursue your dispute in arbitration.
If the dispute is not resolved as provided above, either party may initiate arbitration proceedings. The American Arbitration Association, https://jaginc.com/, or JAMS, www.jamsadr.com, or as the parties may agree, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator located in the City and County of Los Angeles, State of California. If the parties do not agree, the arbitration provider will be appointed by a neutral third party.
The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated, collective, attorney’s general, or representative action or arbitration, and the arbitrator shall only be empowered to hear individual claims.
The parties will agree on a single arbitrator. If the parties do not agree, the provider will give the parties a list of five (5) qualified candidates with experience related to the matter in dispute. The parties will take turns striking candidates until a single arbitrator remains. All issues shall be for the arbitrator to decide, including the scope of this provision. The parties agree that they may arbitrate in person, in the City and County of Los Angeles, State of California, via videoconference, telephone or other remote option for the convenience of the parties.
The parties will share the arbitration filing costs and arbitrator’s hourly fee equally. Each party will otherwise pay their own respective costs and expenses, including but not limited to, witness fees, discovery and document production costs, or attorneys’ fees. The parties may use the provider’s “streamlined” or “expedited” rules and procedures, if the parties both agree and the matter is appropriate, in the opinion of the arbitrator or provider, for the application of such rules and procedures.
Because this Platform and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover from the non-prevailing party its share of the arbitrator’s fees, other expenses incurred, costs and reasonable attorney’s fees.
The parties agree that to the extent allowable, the terms, outcome, results, settlement and other matters related to any arbitrated dispute shall remain confidential.
This arbitration provision shall survive the termination of these Terms of Use.
22. Class Action Waiver
THE PARTIES EXPRESSLY AND VOLUNTARILY AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Any arbitration or other action under these Terms of Use will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. Further, unless both you and the Company agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23. Limitation on Time to File Claims
UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Waiver of Jury Trial
EACH PARTY VOLUNTARILY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.
25. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, whether past, present or future, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by an arbiter, court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
26. Entire Agreement
The Terms of Use, our Privacy Policy, and other Platform policies as applicable, constitute the sole and entire agreement between you and ReadilyHome regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. Whenever the context requires, the singular shall include the plural, and the plural shall include the singular.
27. Your Comments and Concerns
This Platform is operated by Thrive One, LLC. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: info@readilyhome.com
All other Notifications may be sent to:
Thrive One, LLC
c/o 1505 Corporation
MYCORPORATION BUSINESS SERVICES, INC.
2050 ½ S Burnside Avenue
Los Angeles, CA 90016
USA