Before you access or use any services provided by Homecoming, we ask that you (“You” or “User”) read the following terms and conditions carefully (the “Agreement”), as they form a legally binding agreement between you and Homecoming (and any applicable Homecoming affiliates). This Agreement applies to any visitor to this website and any user that has an account to access the “Homecoming” mobile application and any other services provided by Homecoming for integrative coaches and therapists and their clients (collectively the “Services”). 

Some of Homecoming Services are made available for a fee.  By clicking or tapping any button or box marked “Accept, or “Agree” that includes a link to this Agreement, (or by accessing or using the Service), you acknowledge that you have read, understood, and agree to be bound by this Agreement – and if you do not agree to the terms of the Agreement, you may not access or use any of the Services.  By using the Services and entering this Agreement, you represent and warrant that you are over the age of 18 and are legally capable of entering contracts on your behalf and on behalf of any organization you represent.

The effective date of this Agreement is set forth above, but Homecoming reserves the right to change the Agreement in its discretion. Should we elect to change the Agreement, we will post the new version here so that you can review the new terms. If the changes we make are material, we will both post the new version here and attempt to notify you via email. If you use the Services after we’ve notified you of any changes to this Agreement, you agree to such changes.  If at any time you decide that you no longer agree to these terms, you may no longer access or use the Services and you must terminate your account.

1. Account Creation
   
   

   1. The Services are available both to integrative coaches, therapists, and experience facilitators (collectively “Providers”) and to their clients (collectively “Clients”). To use the Services both Providers and Clients must register for an account (“Account”) by providing all requested information and creating credentials (username and password) for their individual Account. Individuals with Accounts are “End Users.” The information provided to create your Account must be (and remain) complete, accurate, and current. You must maintain the confidentiality of your Account credentials and You are responsible for all activities that occur under your Account. You are the only individual authorized to access the Services using your credentials, which may not be shared. Please notify us immediately if there has been (or if you suspect) any unauthorized use of your Account or any other breach of account security.
      
      

   2. After creating an Account, authorized Providers may provide access to the Services to an unlimited number of their Clients (subject to the restrictions herein). Fees for such access are described in Section 5.1 below.
      
      

2. User Content
   
   

   1. The Services include an ability for you to create and curate content (“User Content”) and you have the discretion to make such content public for the benefit of the community or to keep it private. You own or are responsible for all such content and Homecoming takes no ownership interest in User Content.  By sharing content, you represent and warrant that: 1) you own or control the rights to all such content (e.g., content in the public domain); 2) your content is not defamatory, libelous, hateful, obscene, unlawful or offensive; and 3) your content does not violate the privacy, publicity, intellectual property or other rights of anyone else. No payment will be due for any User Content. While you may decide to remove User Content at any time, please keep in mind that once shared, it may be impossible for Homecoming or others to retrieve or delete your User Content. You should not include any personal information or data in any shared User Content, as other people may see and use all such information or data.
      
      

   2. If you decide to share User Content, you agree that Homecoming may monitor that content and may remove anything that in Homecoming’s discretion does not comply with your obligations in Section 2.1 above. Homecoming accepts no liability for User Content and you agree to indemnify Homecoming for any claims related to same. By sharing User Content, you grant Homecoming a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, and display that content for any purpose.
      
      

3. Access to Services and Use Restrictions
   
   

   1. Subject to this Agreement, Homecoming grants authorized End Users a non-transferable, non-exclusive, revocable limited license to use and access the Services solely for personal use.  No End User may, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); (ii) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Homecoming or authorized within the Services); (iii) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third person; (iv) provide or upload to the Homecoming platform or Software any content, data, or information that is unlawful, harmful, tortious, or otherwise objectionable in Homecoming’s reasonable opinion; (v) infringe the intellectual property rights of any third party; (vi) interfere with or disrupt the Services, Software or systems used to deliver the Services; (vii) circumvent the user authentication or security of the Services or any related host, network or account; (viii) use any application programming interface to access the Service; (ix) mirror the Services on any server; (x) make use of the Services in any way that violates any applicable law; (xi) or remove any proprietary notices or labels from the Software or Services or their interface(s).  Upon discovering any breach of the foregoing restrictions, Homecoming may terminate any offending Account and suspend access to the Services in its sole discretion.
      
      

   2. In addition to the restrictions in Section 3.1, You may only use the Services in compliance with all applicable laws and regulations and with Homecoming’s standard published policies then in effect (the “Policies”).  You will indemnify and hold harmless Homecoming against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Your use of Services.
      
      

   3. Homecoming may modify, suspend, or discontinue the Services (in whole or in part) at any time in its sole discretion with or without notice and without liability. Homecoming has no obligation to provide any support or maintenance in connection with the Services.
      
      

   4. All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (or related platform) and all content provided to You are owned by Homecoming or its licensors. Other than the limited license granted herein, neither you nor any third party shall obtain any right, title or interest in or to such intellectual property rights by virtue of the use of the Services or the creation of an Account. Homecoming reserves all rights not expressly granted in this Agreement.
      
      

   5. You agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to: (a) operational communications concerning your Account or the use of the Services; (b) updates concerning new and existing features of the Services; (c) communications concerning promotions run by us or our partners; and (d) news concerning Homecoming and industry developments. You may be able to opt out of such communications but opting out may affect your use of the Services.
      
      

4. Data
   
   
   

   1. Collection and De-Identification of End User Data.  As more fully described in the Homecoming Privacy Statement, providing the Services requires that Homecoming collect, analyze, use and share data and other information related to the Services. Homecoming will only use this data as described in the Privacy Statement and in a way consistent with applicable law – and this includes never selling such data. Data relating to the provision, use and performance of various aspects of the Services and related systems and technologies including, without limitation, information concerning the use of Services by End Users is defined as “End User Data.” 
      
      

   2. License of End User Data to Customer.  Where End Users expressly consent, and subject to limitations that may be imposed by the End User or applicable law, Homecoming grants Providers a fully paid, non-exclusive, non-transferable, revocable license without right of sub-license to the End User Data derived from End Users accessing the Services during the Term (the “End User Data License”). All Providers who receive an End User Data License agree to comply with all applicable laws regarding the use, security, and privacy of all End User Data. Every Provider that receives End User Data represents and warrants that they have and will maintain commercially reasonable information security policies and safeguards which include technical and organizational measures designed to preserve the security, integrity and confidentiality of all End User Data and to protect such data against unauthorized access and information security threats.  Provider receiving the license described herein agrees to indemnify, defend and hold Homecoming harmless against any claims, damages, losses, liabilities, settlements and expenses related to its use or retention of data under the End User Data License or any violation of any applicable law related to End User Data in their possession. No rights or licenses to End User Data are granted except as expressly set forth herein.
      
      

   3. De-Identified Data. The Services may also include data that has been processed or aggregated so that no individual natural person is directly identifiable from that data. (“De-Identified Data”). De-Identified data may not be “reversed” so that individuals may be later identified. Homecoming may generate, share, and use De-Identified Data for benchmarking and analysis services to provide, expand or promote the Services as permitted by applicable law and may also use data that is not Personal Data (“Non-Personal Data”) that it collects in providing the Services for such purposes. All use of De-Identified Data and Non-Personal Data is at all times consistent with Homecoming’s privacy statement and all applicable laws and regulations relating to such data.  For instance, such data may be used to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Homecoming offerings and may be disclosed to any third party in connection with Homecoming’s business.
      
      

5. Fees
   
   
   

   1. Free Trial and Billing. Providers that sign up for the Services may make the Services available to as many Clients as they like for no charge for the first thirty (30) days from the date they provide their credit card or other payment information. After the expiration of this 30 day period, the Provider will be charged according to the payment tier they selected when they signed up for the Services(1 month, 6 months, 12 months, or 24 months). Payment terms you select do not change the Term of this Agreement as set forth below.
      
      

   2. Fees.  The Services will be provided to Providers on a monthly subscription basis. As a Provider, you agree to pay Homecoming the Service Fees to which you agree when you sign up for the Service (collectively the “Fees”). You will be billed for all Fees upon the terms to which you agreed when you signed up for the Service. All Fees are due and payable in U.S. Dollars and are non-refundable. Invoices for Services are due and payable within 30 days of the date of the invoice and unpaid amounts are subject to interest of 1.5% per month. Any failure to pay valid invoices may result in termination or suspension of the Services and you shall be responsible for all sales and use taxes associated with the Services, if any.
      
      

   3. Changes to Fees – End of Initial Term.  Homecoming will not change the fees for Services during the Initial Term or any current Renewal Term as defined below.  However, Homecoming may change the Fees for Services at the end of the Initial Term or then current renewal term by providing at least thirty (30) days prior notice to Customer (which may be sent by email).
      
      

6. TERM AND TERMINATION
   
   

   1. Term and Automatic Renewal.  Subject to earlier termination as provided below, this Agreement shall continue for the Term Length selected when You signed up for the Services (the “Initial Term”) and will automatically renew for that Term Length (each a “Renewal Term”) unless You provide us with at least fourteen (14) days’ notice of non-renewal prior to the end of the then-current term. The Initial Service Term and all Renewal Terms shall constitute the “Term.”
      
      

   2. Termination for Breach.  Should You breach this Agreement, Homecoming reserves the right to terminate your contract and to immediately revoke your access to and use of the Services. If this Agreement is terminated for any reason, you agree to pay for all Services provided up to and including the last day on which the Services are provided. No refund will be provided for any pre-paid services.
      
      

   3. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
      
      

7. WARRANTY AND DISCLAIMER
   
   
   Homecoming shall use commercially reasonable efforts to maintain the Services in a way that minimizes errors and interruptions in the Services.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Homecoming or by third-party providers, or due to other causes beyond Homecoming’s reasonable control. Homecoming does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND HOMECOMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MY NOT APPLY TO ALL USERS.
   
   

8. EXCLUSIONS AND LIMITATION OF LIABILITY
   
   Regardless of the type of damage that You may incur or the theory under which damages are sought, Homecoming’s entire aggregate liability under this Agreement or for your use of the Services shall be limited to the amount You actually paid for the Services or USD $500, whichever is greater. In no event shall Homecoming be liable for any special, incidental, indirect or consequential damages (including damages for loss of profits, loss of data or other information, for personal injury, loss of privacy, data loss or any inability to use the Services) even if Homecoming has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.  These limitation of liability have been agreed as part of the basis of the bargain between the parties and Homecoming would not agree to this Agreement in the absence of such limitations.  These limitations and exclusions do not apply where prohibited by applicable law.
   
   

9. MISCELLANEOUS
   
   

   1. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. This Agreement is not assignable, transferable or sublicensable by You except with Homecoming’s prior written consent. Homecoming may freely assign its rights and obligations under this Agreement.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
      
      

   2. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  All notices shall be sent to the email address you have provided or to the contact information provided by Homecoming on its website.
      
      

   3. Governing Law.  This Agreement shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. Should there be any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys’ fees.