This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.HMDhome.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted on this page for public view and be considered valid upon such posting. These Terms & Conditions were last updated on 6MAY2013.

1. INTRODUCTION TO HOMEMADE DESIGN. Upon your registration, you may enter your email address as your username and choose your own password to access the Homemade Design services through the Homemade Design Web site.  You may also access portions of our content without registering.

2. HOMEMADE DESIGN SERVICES.  Our service includes providing interior design in the form of home improvement ideas and product suggestions as part of our HMD design services.  Homemade Design may provide the option for you to purchase furniture, fixtures  and materials.  You may request HMD purchase merchandise including furniture, fixtures, lighting products and materials on your behalf.  HMD shall not place any order until receipt of both your signed approval and required payment in full.  Homemade Design also makes available contact and other information related to third party product and service providers.    When available, we may provide you with a list of product and service professionals in your area, along with representations that the product or service provider has made about their company which have not been validated or confirmed by Homemade Design.  However, we do not guarantee that we will be able to provide you with design direction, product recommendations, home improvement ideas or product and service providers that fulfill your expectations or meet your personal likes and dislikes.  Homemade Design does not guarantee that we will be able to meet your specific service needs or your expectations of your service needs.  We do not guarantee that we will be able to provide you with contact information for product or service professionals in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed product and service providers, we make no guarantees or representations regarding the skills or representations of such product providers or service professionals or the quality of the job that he or she may perform for you if you elect to retain their services. Homemade Design does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Homemade Design, nor is Homemade Design an agent of the service professionals. Homemade Design does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE HOMEMADE DESIGN (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURERS OR SUPPLIERS WHO MAY BE AFFILIATED WITH HOMEMADE DESIGN) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PRODUCT PROVIDERS AND SERVICE PROFESSIONALS.

3. REFUND POLICY FOR DESIGN SERVICES.  We do not guarantee your approval or complete satisfaction with the HMD packages or services provided to you.  However, if you are dissatisfied with your HMD design package we will make good faith efforts to incorporate your feedback into revised design services and we may provide an additional package so long as you request a replacement design package within 30 days of receipt of your original purchase.   

4. PURCHASING SERVICES TERMS, PRODUCT AND MATERIALS REFUND POLICY

You may request HMD purchase merchandise including furniture, fixtures, lighting products and other materials on your behalf.  HMD shall not place any order until receipt of both your signed approval and required payment in full. Once HMD places any order for furniture, fixtures, lighting products or other materials any such order is final and cannot be cancelled or returned by you.  Any changes, including but not limited to quantities, may change the discount rate to HMD and cost to you. HMD shall have no liability for the lateness, malfeasance, negligence, or failure of HMD suppliers or contractors to perform their responsibilities and duties. HMD makes no warranties or guarantees as to furniture, merchandise or construction, including but not limited to fading, wear, or latent defects, but will assign to you any rights HMD may have against suppliers or contractors, and you may pursue claims against such suppliers or contractors at your own expense. In the event that after your approval for purchases of merchandise any circumstances cause an increase in cost or other change with respect to any such purchases of merchandise, HMD shall notify you, but shall bear no liability with respect to the changed circumstances and you shall be fully responsible with respect to the purchases of merchandise including payment of additional costs to HMD or vendor source as required. You shall be responsible for the payment of any applicable sales tax, packing, shipping, delivery and installation and any related charges on such purchases of merchandise where applicable.

5. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. While we cannot guarantee the products, services or work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the Homemade Design resolution process has been developed to try and assist you in resolving any workmanship problems that may arise in the course of a home improvement repair or maintenance project and which may be the fault of a service professional who you learned about through the Homemade Design services.  Although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the Homemade Design resolution process. If, in its sole discretion, Homemade Design determines that you have not participated and cooperated in good faith in the resolution process, Homemade Design may terminate such resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.

6. INFORMATION YOU PROVIDE TO US. Upon requesting some Homemade Design services, you will be prompted to disclose certain information about yourself or your home, and you will be able to store information, such as personal and residential details, on our Web site. Some of this information may be sent to service professionals or to other persons or entities in connection with our business. By providing this information to us, or by submitting any service request, you are requesting, and you expressly consent to being contacted by service professionals via our Web Site or by us via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing any design request, you are entering into a business relationship with Homemade Design and its partners and thus agree to be contacted by Homemade Design and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Homemade Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Homemade Design has the right to refuse any current or future use of the Homemade Design services (or any portion thereof) by you. You are responsible for any use of the Homemade Design services by persons to whom you intentionally or negligently allow access to your password.

7. YOUR USE OF THE HOMEMADE DESIGN SERVICES. You acknowledge and agree that your use of the Homemade Design services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Homemade Design Web site, including but not limited to Product and Service Professional profiles and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Homemade Design, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Homemade Design for any such damages, and will indemnify Homemade Design in the event of any third party claims against Homemade Design based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Homemade Design Web site and services at any time. All information about product providers and service professionals is confidential and for your personal use only. If it is determined or suspected by Homemade Design in its sole discretion that you are misusing or attempting to misuse or circumvent the Homemade Design services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Homemade Design reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEMADE DESIGN AND ITS PRODUCT PARTNERS AND SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEMADE DESIGN AND EACH HOMEMADE DESIGN SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEMADE DESIGN AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

8. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as images, press releases, partner profiles, content, informational items and FAQs) from the Homemade Design server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Any and all distribution of documents or information available on this Web site requires express written permission of Homemade Design. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Homemade Design Web site or any other Homemade Design owned, operated, licensed or controlled site. Elements of Homemade Design Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Homemade Design web Site may be copied or retransmitted unless expressly permitted by Homemade Design. HOMEMADE DESIGN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEMADE DESIGN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEMADE DESIGN WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEMADE DESIGN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

9. LINKS TO THIRD PARTY SITES. The links in the Homemade Design Web site will let you leave Homemade Design's Web site. The linked sites are not under the control of Homemade Design and Homemade Design is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Homemade Design is not responsible for webcasting or any other form of transmission received from any linked site. Homemade Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Homemade Design of the site.

10. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. Homemade Design uses information that is self reported by third party service professionals for the following criteria as part of its registration enrollment process ("registration") for new product and service professionals applying for membership in our network, also referred to as HMD Certification:

Licensing - Homemade Design  requires that each prospective new product or service provider confirm via electronic application process that the prospective new partner has met any and all applicable required state-level or provincial-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing.  We always recommend that you ask the business to provide you with a copy of their license.

Insurance/Bonding - Where relevant, Homemade Design requests that service providers confirm in their application submission and in their partner profile general liability insurance coverage or bonding information.  Homemade Design does not confirm such coverage via the service professional’s insurance agent. Homemade Design does not confirm general liability coverage for service professionals where such coverage is deemed not relevant, including but not limited to: Inspectors; Appraisers; Architects; Engineers; Consultants; Home Maintenance Services; Designers; Pre-Manufactured Cabinet Makers; Organizers; Permit Services; Disability Planners; Alarm System Monitors; Toxic Materials; Toxic Material Testing.

State Business Filings* - For business types that require a Secretary of State filing, we recommend you confirm that the service professional is in good standing in the state in which it is located. This confirmation should be conducted by you for service professionals that are corporations and Limited Liability Companies (LLC’s).

Criminal Records Search - Homemade Design recommends you conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business.

Sex Offender Search* - We do not run sex offender searches. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.

Identity Verification (Social Security Number) - Homemade Design does not verify the social security number(s) of the service professional’s owner/principal for identity check purposes. This check should be conducted by you and we recommend you conduct this check for primarily smaller business entities.

Identity Verification (Reverse Phone Lookup) – Homemade Design recommends you conduct a reverse business phone lookup to confirm that the phone number provided matches the phone listing for the business.

Search for Business Aliases* - Homemade Design recommends you search state Doing Business As (DBA) records in the state in which the service professional is located to identify any aliases under which the service professional is doing business. The presence of records for this search does not necessarily mean anything negative. It is not uncommon for a business owner to operate using a d/b/a or to have multiple businesses filed with d/b/a’s. As part of your diligence, we encourage you to have a complete picture of the business you choose to work with.

Legal Search for Civil Judgments – We recommend you check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and to check for bankruptcy filings by or against the principal / owner.

Verify Customer References - Homemade Design recommends you request information for and contact previous customer references provided by the business to solicit performance feedback from consumers with whom the service professional has worked.

NOTE: Member service professional information and representations made by product and service professionals on the Homemade Design Web site at the time of enrollment as described above may change or expire over time; while Homemade Design attempts to maintain accurate and up-to-date information, we perform an internal review of partner representations solely at the time the member applies for inclusion in the Homemade Design Web site, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, because all information is self reported by the service provider, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.

Service Professionals Profiles: Homemade Design allows Service Professionals to post profiles about themselves and their business on the Homemade Design Web site. Homemade Design does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. All of the content maintained in a product provider or service provider profile and all information displayed to you reflect the representations of that service provider and does not reflect or represent the opinions or representations of Homemade Design. Homemade Design disclaims any and all representations or warranties with regard to the Ratings & Reviews.

The above procedures may change from time to time at the sole discretion of Homemade Design. Homemade Design believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Homemade Design advises consumers to check these matters for themselves especially at future dates. Homemade Design does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Homemade Design reviews the partners representations regarding such information.

DISCLAIMER: HOMEMADE DESIGN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

10. INDEMNIFICATION. YOU AGREE TO INDEMNIFY HOMEMADE DESIGN, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HOMEMADE DESIGN SERVICES OR IN CONNECTION WITH THE HOMEMADE DESIGN WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

11. GENERAL PROVISIONS. You acknowledge and agree that the Homemade Design services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Homemade Design's sole obligation to you or any third party for any claim arising out of your use of the Homemade Design services or the Homemade Design Web site, is that you are free to discontinue your use of the Homemade Design services or the Homemade Design Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOMEMADE DESIGN EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HOMEMADE DESIGN SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HOMEMADE DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. The Terms and Conditions will inure to the benefit of Homemade Design's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Homemade Design to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Homemade Design services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California  and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms and Conditions will be brought solely in a court in Orange County, California.