Greetings from Firsthomes!
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Intellectual Property Rights
This website contains valuable trademarks and service marks owned and used by Firsthomes. Any use of these Firsthomes marks without the prior written permission of Firsthomes is strictly prohibited. This website also contains material that is owned by or licensed to us, including, but not limited to, the design, layout, look, appearance and graphics. This website may be used only as a personal shopping resource. ANY OTHER USE, INCLUDING THE COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THIS WEBSITE IS PROHIBITED. Reproduction of website content is prohibited in accordance with applicable copyright laws.
Disclaimer of Warranties
Firsthomes intends for the information and data contained on this website to be accurate and reliable. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, and the information and materials are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of this website and any information contained herein is at your sole risk. You acknowledge that such information and materials may contain inaccuracies or errors. Accordingly, to the extent permitted by applicable law, FIRSTHOMES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Limitation on Liability
IN NO EVENT WILL FIRSTHOMES OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF FIRSTHOMES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through this website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraph, if FIRSTHOMES is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount that you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $500.
Dispute Resolution Through Arbitration
This is a binding legal agreement between you and FIRSTHOMES. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
By purchasing and using the product, you accept and agree:
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing to us at email@example.com the following information: (1)Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 90 days after receiving your notification, then you may pursue your Dispute in arbitration.
1.1. Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at firstname.lastname@example.org the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
2.1. Class Action Waiver– Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. You agree that the terms of this agreement are your full and final relief, and you may not claim any relief as a class representative, class member, or otherwise participate in a class, consolidated, or representative.
2.2. Payment of Arbitration Fees and Costs – If you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.
Note: – FIRSTHOMES is a brand of Parul Technochem LLP