Terms of service


Last updated 04/11/2025


End User License Agreement and Terms of Service

This End User License Agreement and Terms of Service (the "EULA") is a binding contract between you, an individual user ("you") or the Subscribing Entity (defined below) on whose behalf you are acting, and StayHomeLife LLC dba WelcomeYears (“WelcomeYears” or "us" or "we") governing your use of WelcomeYears services available through the WelcomeYears website (the "Website") and the WelcomeYears platform (the “Platform”), where those services are the “Service”, as well as your access to and use of the Website and Platform. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE TO THE EULA, THEN YOU MAY NOT USE THE SERVICE.

To have a copy of the EULA and the WelcomeYears Privacy Policy (the "Privacy Policy") sent to you, contact WelcomeYears at privacy@WelcomeYears.com.

  • 1) Summary of Material Terms.

    • a) you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy, including with respect to the collection of location information;

    • b) the Platform, Website and Service is provided "as is" without warranties of any kind and WelcomeYears's liability to you is limited; and

    • c) disputes arising hereunder will be resolved by binding arbitration.

    • 1.1) As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:

  • 2) General.

The Service is a platform enabling people and companies seeking home assessment services ("Clients") to get a personalized review of their home, including one final report based on user input from the assessment survey (Clients are "Users").

    • 2.1) Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the EULA. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

    • 2.2) Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors (defined below) for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.

    • 2.3) Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.

    • 2.4) Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree on behalf of such Subscribing Entity to bind the Subscribing Entity to the EULA.

    • 2.5) Children. No part of the Service is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

  • 3) Scope of License to Users.

    • 3.1) License Grant to You. The WelcomeYears Home Assessment Service is licensed to you for use only under the terms of the EULA. Subject to your complete and ongoing compliance with the terms and conditions of the EULA, WelcomeYears hereby grants you a personal, limited, revocable, non-transferable license to access your home assessment, solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act to access and receive the Service.

    • 3.2) License Limitations. You may not modify, alter, reproduce, or distribute the Website or Platform or Service. You may not rent, lease, lend, sell, redistribute or sublicense the Service, Website or Platform. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Website or Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, Website or Platform or any content available through the Service. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.

    • 3.3) Applicability to Updates. The terms of the EULA will govern any updates provided to you by WelcomeYears that replace and/or supplement the Website or Platform, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.

  • 4) Registration and Eligibility.

    • 4.1) Account Types and Registration. Anyone may browse the public-facing pages of the Website, Platform, and Service and take available quizzes, but to start the personalized home assessment, the client must purchase the assessment package.

    • 4.2) Client. To become a WelcomeYears Client, you must provide your address, email address, name, and password. You will also take a user survey (to help us understand your needs and home environment) and provide us with additional information about rooms and home features. You may also be afforded the opportunity to have a phone call or online chat with an expert. The expert will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.

    • 4.3) Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify WelcomeYears by e-mail to hello@WelcomeYears.com. You will be solely responsible for the losses incurred by WelcomeYears and others due to any unauthorized use of your account.

  • 5) Content You Submit; License Grants from You.

    • a) monitor all UGC;

    • b) remove or block any UGC at any time without notice at our sole and absolute discretion;

    • c) disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of WelcomeYears or others, or to enforce these terms; and

    • d) terminate your access to and use of this Service, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.

    • 5.1) Your Content. If you are a Client, you may be able to create or share content, such as floor plans and images, on or through the Service ("Your Content") with WelcomeYears. WelcomeYears claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you share for the Service. You are responsible for protecting those rights. Separately, you may give WelcomeYears or WelcomeYears’s agent the right to use commentary or photos of your home after the services are complete (“After Images”).

    • 5.2) You, and not WelcomeYears, are responsible and liable for Your Content. Because we do not control Your Content or the content shared on or through the Service by other users (collectively with Your Content, “UGC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Service, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.

    • 5.3) We may disclose and/or remove UGC. WelcomeYears has certain rights. We have the right (but do not assume the obligation) to:

    • 5.4) You agree that our exercise of such discretion shall not render us the owners of UGC you share, and that you will retain ownership thereof as described above.

    • 5.5) Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.

    • 5.6) License Grants to WelcomeYears. By creating, posting, or sharing After Images, you grant WelcomeYears a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate WelcomeYears’s business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service, and (c) with regard to After Images only, for any lawful business purpose.

    • 5.7) You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.

    • 5.8) Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). WelcomeYears will utilize any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at hello@WelcomeYears.com.

  • 6) Fees; Payments.

    • 6.1) Fees. The estimated fee (the "Estimated Fee") for the Service(s) and Items purchased through the Service (e.g., all assessment package services and home products) will be set forth during the ordering process for Service(s) that you go through on the Website. The Estimated Fee on Items purchased through the Services is based on the price known to WelcomeYears at the time you checkout through the Services. Because WelcomeYears works with a number of Vendors, we do not have control over the pricing of all Items offered through our Services (see Section 7.1). The Fee is due and payable in advance of Client’s design or product recommendation process.

    • 6.2) Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. When you use the Service to place an order for Items, you authorize the purchase and delivery of the Items (subject to any confirmation of Item prices, as stated in Section 6.1). You agree that WelcomeYears will obtain a temporary pre-authorization of your credit card to cover the cost of the Items you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. You acknowledge that taxes and shipping costs are estimated at the time of checkout, and you agree to any final tax and/or shipping costs as calculated by WelcomeYears, based on your shipping location and the Fee. Your credit card statement will reflect the final total amount charged to you upon order completion.

    • 6.3) Taxes. The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (“Taxes”) resulting from a transaction occurring through the Service. WelcomeYears will collect and remit such Taxes from Clients where required by law, but a Client may be responsible for additional Taxes not collected by WelcomeYears. All taxes are calculated using the Fee.

    • 6.4) Refunds. WelcomeYears may offer any Client a full or partial refund at WelcomeYears's sole discretion. Please email hello@WelcomeYears.com to request a refund.

  • 7) Additional Services From WelcomeYears.

    • 7.1) Third Party Purchases. A Client may wish to purchase certain items (“Items”) offered by third parties (each, a “Vendor”) through the Service. WelcomeYears will collect the cost of these Items (as part of the Fee) from you in advance of WelcomeYears placing orders with the Vendor for the purchase of the Item(s). All Vendor terms and conditions Platformly to these purchases of Items, including return policies and shipping costs. Return shipping from outside of the continental United States may result in additional fees. Note that while WelcomeYears uses reasonable efforts to display the current and accurate price for Items, the price for Items is dynamic, and the price displayed on the Service for any particular Item is subject to change. WelcomeYears will confirm Item pricing before charging Client’s credit card.

    • 7.2) Installation. The Service may offer to assist Clients with the installation of a product ("Installation") for a fee, which will be set forth on the Service. To facilitate Installation, WelcomeYears may provide third party contractors with personal information to identify location and costs, and facilitate Installation.

    • 7.3) WelcomeYears Gift Cards. No fees apply to the purchase or activation of card. Redeemable for services delivered in the U.S. and on WelcomeYears.com only. The card is non-reloadable and, except where required by law, cannot be redeemed for cash, refunded, or returned. Treat this card as cash; issuer is not responsible for lost, damaged or stolen cards, or for unauthorized use. The card has no value until purchased, and may not be sold or bartered. For card and balance info, email hello@WelcomeYears.com or visit WelcomeYears.com. Terms apply and are subject to change without notice.

  • 8) Third Party Materials; WelcomeYears Content.

    • 8.1) You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), and data, information, applications, materials and other content from WelcomeYears (collectively, "WelcomeYears Content" and, together with Third Party Materials, but excluding Your Content, "Service Content"), that may be offensive, indecent, or objectionable Nevertheless, you agree to use the Service at your sole risk and that WelcomeYears shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.

    • 8.2) In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries WelcomeYears makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.

  • 9) Your Use of the Service and Service Content.

    • Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:

    • a) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and

    • b) using any trademarks, service marks, design marks, logos, photographs or other content belonging to WelcomeYears or obtained from the Service.

    • 9.1) You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.

    • 9.2) You shall not copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service, Website or Platform, or content you encounter on through the Service without WelcomeYears's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without WelcomeYears's express written consent:

    • 9.3) You shall not bypass, circumvent, damage or otherwise interfere with any security or other features of the Website or Platform designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You shall not copy or scrape any Service Content.

    • 9.4) You shall not undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Website or Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by WelcomeYears.

    • 9.5) You shall not use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent WelcomeYears makes available the means for embedding any part of the Service or Service Content.

    • 9.6) You shall not access, tamper with, or use non-public areas of the Service, WelcomeYears's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of WelcomeYears's providers.

    • 9.7) You shall not harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including WelcomeYears's employees, contractors, designers, and other users.

    • 9.8) You shall not provide any false personal information to WelcomeYears or any other user, or create a false identity or impersonate another person or entity in any way.

    • 9.9) You shall not create a new account with WelcomeYears, without WelcomeYears's express written consent, if WelcomeYears has previously disabled an account of yours.

    • 9.10) You shall not solicit, or attempt to solicit, personal information from other users.

    • 9.11) You shall not restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.

    • 9.12) You shall not use the Service, without WelcomeYears's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.

    • 9.13) You shall not gain or attempt to gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.

    • 9.14) You shall not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.

    • 9.15) You shall not interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.

    • 9.16) You shall not violate any applicable federal, state or local laws or regulations or the EULA.

    • 9.17) You shall not assist or permit any persons to engage in any of the activities described above.

  • 10) Consent to Use of Data.

    • 10.1) You agree that WelcomeYears may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes Please see the Privacy Policy.

  • 11) Ownership.

    • 11.1) The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of WelcomeYears and its licensors. Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.

  • 12) Feedback.

    • a) own, exclusively, all now known or later discovered rights to the Creative Ideas;

    • b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and

    • c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

    • 12.1) We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:

  • 13) Consequences of Violating These Terms.

    • 13.1) We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. WelcomeYears may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.

  • 14) WelcomeYears's Liability.

    • 14.1) Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.

    • 14.2) User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Clients and Specialists. You assume all risk associated with dealing with third parties and Specialists. You agree to resolve disputes directly with the other party. You release WelcomeYears of all claims, demands, and damages in disputes among users of the Service. You shall not involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that WelcomeYears does not currently conduct background checks, including criminal background checks, on its Users. WelcomeYears makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY STAFF OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE. ALL USERS, INCLUDING CLIENTS AND EMPLOYEES, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.

    • 14.3) Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including recommendations. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.

    • 14.4) Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

    • We make no promises and disclaim all liability of specific results from the use of the Service.

  • 15) Termination.

    • 15.1) The EULA is effective until terminated by you or WelcomeYears. Your rights under the EULA will terminate automatically without notice from WelcomeYears if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein). You may terminate the EULA by uninstalling the Platform or ceasing use of the Service. Upon any termination of the EULA, you must immediately cease all use of the Service. If you are a specialist who was selected to provide a design and you terminate your account before you have completely delivered the Home Assessment, you may not be allowed to use the Service in the future.

  • 16) Disclaimer.

    • 16.1) "Released Parties" include WelcomeYears and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND ARISING FROM OR RELATED TO PRODUCTS PURCHASED OR RECOMMENDED THROUGH THE SERVICE (“PRODUCTS”) OR THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, OTHER GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

  • 17) Limitation of Liability.

    • 17.1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WELCOMEYEARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS OR OTHER GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; (vi) THE PURCHASE OR USE OF PRODUCTS, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

      TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH PRODUCTS, THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO WELCOMEYEARS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY, (B) IF YOU ARE A SPECIALIST, THE FEES PAID BY WELCOMEYEARS TO YOU, AND (C) $100.

  • 18) Indemnity.

    • 18.1) You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of or reliance on any WelcomeYears Content or assessments, or (iii) your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.

  • 19) Third Party Disputes.

    • 19.1) WELCOMEYEARS IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  • 20) Intellectual Property Rights.

    • 20.1. WelcomeYears Services Content, Software, Trademarks, Confidential Information

    • You acknowledge and agree that the WelcomeYears Services may contain content or features (“WelcomeYears Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the WelcomeYears Services or the WelcomeYears Services Content, in whole or in part, except that the foregoing does not apply to your own Posted Visitor Content or Uploaded User Content that you legally Posted or Upload (as defined below) to the WelcomeYears Services. In connection with your use of the WelcomeYears Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the WelcomeYears Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the WelcomeYears Services or the WelcomeYears Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying the WelcomeYears Services or distributed in connection with the WelcomeYears Services are the property of WelcomeYears (“Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us.

    • The WelcomeYears name and logos are our trademarks and service marks (collectively, “WelcomeYears Trademarks”). Other product and service names and logos used and displayed via the WelcomeYears Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms, any Additional Terms or the WelcomeYears Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the WelcomeYears Trademarks displayed on the WelcomeYears Services, without our prior written permission in each instance. All goodwill generated from the use of the WelcomeYears Trademarks will inure to our exclusive benefit.

    • The term “Confidential Information”  shall mean any and all of WelcomeYears’s trade secrets, confidential and proprietary information, and all other information and data of WelcomeYears that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary materials and confidential information relating to WelcomeYears or WelcomeYears’s business, operations or properties, including information about WelcomeYears’s staff, Visitors, Users or Partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

    • You acknowledge that Confidential Information is a valuable, special and unique asset of WelcomeYears and agree that you will not, for the lifetime of your WelcomeYears Account on WelcomeYears plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the WelcomeYears Platform in accordance with these Terms. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify WelcomeYears in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to WelcomeYears promptly upon deactivation of your WelcomeYears Account or termination of these Terms for any reason whatsoever.

  • 21) Choice of Law; Arbitration Agreement & Waiver of Certain Rights

    • 21.1) The EULA and the relationship between you and WelcomeYears will be governed by the laws of the State of Colorado without regard to its conflict of law provisions.

    • 21.2) You and WelcomeYears agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and WelcomeYears hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and WelcomeYears or you and any of the Released Parties relating to the EULA, use of WelcomeYears’s Services, or your relationship or interaction with any of the Released Parties (a "Claim") will be resolved exclusively by final and binding arbitration conducted in accordance with the Rules of the American Arbitration Association ("AAA Rules"). You must file any Claim within one (1) year after such Claim arises or it will be barred. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

    • Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules; however, upon a showing of financial hardship, WelcomeYears will consider payment of as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. You and WelcomeYears shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    • This arbitration agreement does not preclude you or WelcomeYears from seeking action by federal, state, or local government agencies. You and WelcomeYears also have the right to bring qualifying claims in small claims court. In addition, you and WelcomeYears retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with the EULA, nor a waiver of the right to have disputes submitted to arbitration as provided in the EULA.

    • Neither you nor WelcomeYears may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or WelcomeYears's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

    • If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and WelcomeYears each waive any right to a jury trial. No waiver of any provision of this Section of the EULA will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the EULA. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis, including public injunctive relief. This Section of the EULA will survive the termination of your relationship with WelcomeYears.

    • THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WELCOMEYEARS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  • 22) Authorization for Use and Disclosure of Health Information.

     

    • By agreeing to these Terms of Service, you authorize WelcomeYears to use and disclose your Protected Health Information (PHI) as described below:

      • Purpose of Disclosure: Your PHI may be used or disclosed to facilitate the services provided by WelcomeYears, including but not limited to personalized recommendations, coordination with healthcare providers, and other services explicitly requested by you.

      • Recipients of PHI: Your PHI may be disclosed to:

        • Healthcare professionals involved in your care.

        • Authorized third-party service providers assisting WelcomeYears in delivering its services.

        • Other entities as required by law or with your explicit consent.

      • Revocation of Authorization: You have the right to revoke this authorization at any time by providing written notice to WelcomeYears. Upon receipt of such revocation, we will cease to use or disclose your PHI for the purposes outlined in this authorization, except to the extent that we have already acted in reliance on your authorization.

      • Expiration of Authorization: This authorization will remain in effect until the termination of your account with WelcomeYears or until you provide written notice of revocation, whichever occurs first.

      • Refusal to Sign & Consequences: You are not required to agree to this authorization. However, refusal may limit our ability to provide certain services that necessitate the use or disclosure of your PHI.

      • Redisclosure: Information disclosed pursuant to this authorization may be subject to redisclosure by the recipient and may no longer be protected by federal or state privacy laws.

  • 23) Miscellaneous.

    • 23.1) Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of WelcomeYears. WelcomeYears may assign the EULA, including all its rights hereunder, without restriction.

    • 23.2) Survival. The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 8 (Third Party Software), 9 (Your Use of the Service and Service Content), 10 (Consent to Use of Data), 11 (Ownership), 12 (Feedback), 14 (WelcomeYears's Liability), 15 (Termination), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnity), 19 (Third Party Disputes), 20 (Intellectual Property Rights), 21 (Dispute Resolution), and 22 (Miscellaneous).

    • 23.3) Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    • 23.4) Death-survivorship. The terms of this agreement shall survive the death of the user and be binding upon their heirs, executors, administrators, and assigns. Upon receipt of valid proof of death, WelcomeYears may terminate the user’s account. However, any obligations or liabilities incurred prior to the user’s death shall remain enforceable against their estate. This clause shall apply to all users, including owners in title or of record of any relevant property associated with services provided under this agreement.

    • 23.5) Nondisclosure of Health Conditions. Users acknowledge that the recommendations, services, or modifications provided by WelcomeYears may depend on an accurate understanding of the physical, mental, or cognitive condition of the individual(s) receiving support. Any failure by the user or their agents to disclose relevant medical, psychological, or physical conditions that could reasonably impact the safety, appropriateness, or effectiveness of services offered shall release, indemnify, and hold WelcomeYears and its partners, contractors, and affiliates harmless from any claims, liabilities, or damages arising from such non-disclosures.

    • 23.6) The EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and WelcomeYears regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the EULA. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EULA or any provision of the EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of the EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WelcomeYears as a result of the EULA or use of the Service.

    • 23.7) You can contact StayHomeLife LLC DBA WelcomeYears by e-mail at hello@WelcomeYears.com, or by U.S. Post at StayHomeLife LLC DBA WelcomeYears, 9465 Yankee Way, Arvada, CO 80007.