Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") form a legal agreement between you and Bakersfield Home Magazine ("we," "us," "our") and govern your access to and use of HomeMag and any related websites, applications, and integrations (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

2. Eligibility and Accounts

You must be at least 18 years of age and have the legal authority to enter into these Terms. The Service is intended for business use. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect any unauthorized access.

3. License Grant

Subject to your continuing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business purposes. We retain all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you other than as expressly stated in these Terms.

4. Acceptable Use

You agree not to:

• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• resell, sublicense, rent, lease, or commercially exploit the Service;
• use the Service to violate any applicable law, regulation, or the rights of any third party;
• interfere with or disrupt the Service, its servers, or any networks connected to the Service;
• upload, transmit, or introduce any malicious code, virus, or other harmful component; or
• attempt to gain unauthorized access to any portion of the Service or to any data not belonging to you.

5. Your Data

You retain all ownership rights in any data you submit to the Service ("Your Data"). You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process Your Data solely as necessary to provide and maintain the Service. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

6. Third-Party Services

The Service integrates with third-party services, including but not limited to QuickBooks Online (Intuit, Inc.), Gmail (Google LLC), Stripe, Inc., and Network Merchants Inc. ("NMI"). Your use of those services is governed by the terms and privacy policies of their respective providers. We are not responsible for the availability, accuracy, or content of any third-party service, or for any consequences arising from its modification, suspension, or failure.

7. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. You may stop using the Service at any time. Upon termination, your right to access and use the Service ceases immediately. Sections 5, 6, 8, 9, 10, 11, 12, and 13 survive any termination of these Terms.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED ON THE SERVICE WILL BE ACCURATE OR RELIABLE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAKERSFIELD HOME MAGAZINE OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Bakersfield Home Magazine and its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

11. Changes to These Terms

We may modify these Terms from time to time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after the changes take effect constitutes acceptance of the modified Terms.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Kern County, California, and you consent to the jurisdiction of those courts.

13. Contact