Terms of Use Information

Please read on to learn the rules and restrictions that govern your use of our apps, website(s), and other services (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products, whether tangible or intangible, made available through our Services (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at customersupport@cominghome.ai

Address: 1025 S Semoran BLVD STE 1-1089 Winter Park, Florida 32792

These Terms of Use (the “Terms”) are a binding contract between you and VR EVAL, Inc.  (“Coming Home,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products.  Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Care Providers are subject to the Software as a Service Agreement and any Additional Terms outlined in that agreement.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER:  EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

What are the basics of using Coming Home

Coming Home partners with various organizations (“Care Provider Users”) who provide access to their users (“Client Users”). Not all Care Provider Users are licensed mental health professionals and Coming Home makes no assurances of the quality of care or services that a Care Provider will provide. These terms apply to both Care Provider Users and Client Users. 

Client Users will be provided an initial password and username (“Coming Home User ID”) from your Care Provider. During the onboarding process you may provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Coming Home User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). Care Providers agree that they will making sure that all Client Users meet the above criteria prior to onboarding them to Coming Home. At this time, no users are permitted under the age of 13, under any circumstances. 

You will only use the Services and Products you obtain for your own internal, personal use, and not on behalf of or for the benefit of any third-party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.

You will not share your Coming Home User ID, account, or password with anyone, and you must protect the security of your Coming Home User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Coming Home User ID and account. Coming Home does not take any responsibility for third-party applications or websites. If you utilize a third-party login, it is fully your responsibility to maintain and protect your account security and to not share that login information. Coming Home staff members will never ask you for your password to your account.

What about my Privacy?

You are responsible for your own mental health journey. While our Services and Products are meant to help you, they cannot replace the advice of a medical professional. All Services and Products are meant to be used with a Human in the Loop and should not be used absent direct guidance from a Care Provider.  Please be advised that you are responsible for consulting with a physician before beginning any substantial change to your diet or exercise regimen. Our Services and Products rely on the information you provide to use. If any information is inaccurate, we cannot be held responsible for the resulting outputs. Not all Care Providers are licensed mental health professionals and Coming Home makes no assurances to any form of accreditation of Care Providers. Coming Home is not responsible for any actions of any Care Providers and all Care Providers are independent businesses responsible solely for their own actions. By utilizing the Services and Products as a Mentee you agree that Coming Home is not responsible for any actions by your Care Provider to the fullest extent of the law. Coming Home does not provide health or mental health guidance and all advice is facilitated directly through a Care Provider. 

Coming Home Services and Products are not an emergency service and should not be used to substitute for any such emergency service. Please directly contact 911 or your local emergency number immediately in the case of an emergency.

Health and Safety

You are responsible for your own mental health journey. While our Services and Products are meant to help you, they cannot replace the advice of a medical professional. All Services and Products are meant to be used with a Human in the Loop and should not be used absent direct guidance from a Care Provider.  Please be advised that you are responsible for consulting with a physician before beginning any substantial change to your diet or exercise regimen. Our Services and Products rely on the information you provide to use. If any information is inaccurate, we cannot be held responsible for the resulting outputs. Not all Care Providers are licensed mental health professionals and Coming Home makes no assurances to any form of accreditation of Care Providers. Coming Home is not responsible for any actions of any Care Providers and all Care Providers are independent businesses responsible solely for their own actions. By utilizing the Services and Products as a Mentee you agree that Coming Home is not responsible for any actions by your Care Provider to the fullest extent of the law. Coming Home does not provide health or mental health guidance and all advice is facilitated directly through a Care Provider. 

Coming Home Services and Products are not an emergency service and should not be used to substitute for any such emergency service. Please directly contact 911 or your local emergency number immediately in the case of an emergency.

Assignments, Learning Content, Audio, and Resources

Your Care Provider may assign goals, tasks, challenges, learning content, audio resources, or other materials through the Services and Products.

These materials are intended to support you and your Care Provider. They are not to be relied upon as medical treatment, clinical advice, diagnosis, or emergency support.



You should talk to your Care Provider if you have questions about any assignment, resource, or content provided through the Services and Products.

Are my journal entries private?

The Services and Products may include journaling or reflection features. If available to you, journal entries and reflections are intended to help you document thoughts, feelings, experiences, or progress.

Your journal entries are private to you. Your Care Provider, organization, organization administrators, and other users do not have access to your journal entries.

Do not use the journal as your only record of urgent concerns, emergencies, or safety needs. If you need immediate help, contact emergency services, a crisis line, your Care Provider, or another trusted support person.

Are Coming Home services free?

While some aspects of the Services are free to Client Users, Coming Home reserves the right to require a fee for any Services and Products. If any Services or Products require a fee, you agree to provide us (or our third-party payment provider) with accurate and complete information. You agree to pay all fees and any applicable taxes incurred on your account. 

Except as required by law, all fees and other charges for fee-based services are payable in advance and aren’t refundable except as expressly provided in these Terms.

At the current time, Coming Home partners with Care Providers who pay for the access of their Client Users. Coming Home reserves the right to change this at any time, subject to any additional agreements signed directly between Coming Home and each Care Provider.

What about messaging from Coming Home?

As part of the Services and Products, you may receive communications through the Services, including messages that Coming Home sends you (for example, via in-app notification, email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Coming Home to send you information that we think may be of interest to you, which may include Coming Home using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Coming Home, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Coming Home. You agree to indemnify and hold Coming Home harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Messaging between Care Providers and Client Users

The App may allow you to send and receive messages with your Provider User. Messaging in the App is not intended for emergencies or urgent situations. Provider Users may not see or respond to messages immediately. If you are experiencing an emergency or believe you or someone else may be in immediate danger, call 911 or your local emergency number right away.

Do not rely on App messaging for urgent, crisis, medical, safety, or time-sensitive support.

The App may also send push notifications or in-app notifications related to activity in your account, such as assignments, messages, or other App activity. You may be able to manage certain notification settings through your device settings or App settings.

AI Usage

We utilize AI to help provide suggestions within the application through our custom AI (“VAL”). These services are driven by an automated chat agent provided by third party vendor that can answer user questions automatically. Information about the usage of such data is provided in our Privacy Policy.  This VAL does not impact your ability to utilize other services and is not a mandatory feature you must use. VAL does not utilize any answers provided by you for training purposes and all information provided is not shared with other users. VAL is not intended to replace the guidance of your Care Provider.

VAL is not a therapist, clinician, doctor and does not offer medical advice, mental health treatment, diagnosis, legal advice or emergency response. VAL is only meant to be utilized with a Care Provider acting as a Human in the Loop to assist with continuity between care interactions and to provide support. Certain safety-related messages exchanged with Val may be flagged for additional safety-related processing or escalation workflows and shared with your Care Provider; however, VAL is not intended to detect risks and only acts as a technical platform for communication. 

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services and Products, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Coming Home);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Coming Home;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your Coming Home User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content; 
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services;
• no Promotion of unsafe weight-loss techniques or eating disorders;
• no sharing of private information of another person or user;
• no impersonation of a Coming Home employee or contractor;

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

In addition, Coming Home is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Coming Home has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, code, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Coming Home's) rights.

Subject to these Terms, we grant each user of the Services a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Coming Home owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Coming Home or to other users?

User submission

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by your Care Providers unless expressly stated otherwise. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third-party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law. Coming Home retains the option to delete anything they discover that violates any of these rules and may suspend or terminate services at their own discretion. In no way does this mean that Coming Home promises that all user content will remain free from the above restricted speech. Coming Home encourages that users report any violations they see.

Licenses



In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our [Privacy Policy] to the extent they relate to User Submissions that are also your personally identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Coming Home a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Coming Home, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Our unsolicited ideas policy

We value an active and engaged community, however, please do not submit any creative ideas, suggestions or materials to us (collectively, “Unsolicited Ideas”). However, if you feel you must send them, please understand that we may freely use any Unsolicited Ideas you provide us. This policy is intended to help curb any misunderstandings when a potential Service or Product adopts a similar concept to something submitted as an Unsolicited Idea. What this means is that to the extent that you have any ownership rights in an Unsolicited Idea, you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, modify, distribute, adapt, translate, create derivative works, perform, display, or otherwise exploit any Unsolicited Ideas including any underlying IP rights associated with them.

What if I see something on the Services that infringes my copyright?

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Coming Home's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
2. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
3. Identification of works or materials being infringed;
4. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
5. Contact information about the notifier including address, telephone number and, if available, email address;
6. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
7. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
8. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:
9. remove or disable access to the infringing material;
10. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
11. terminate such content provider's access to the Services if he or she is a repeat offender.
12. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
13. A physical or electronic signature of the content provider;
14. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
15. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
16. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.



If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact Coming Home's Designated Agent at the following address:

VR EVAL, Inc.

Attn: DMCA Designated Agent

1025 S Semoran BLVD STE 1-1089 Winter Park, Florida 32792

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Coming Home. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Coming Home is not responsible for such risks. This includes, but is not limited to, fitness applications on phones, wearable devices, or nutritional information imported from other third parties.

Coming Home has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Coming Home will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

If there is a dispute between participants on this site or Services, or between users and any third-party, you agree that Coming Home is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Coming Home, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Coming Home ever change the Services?

We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at customersupport@cominghome.ai; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. You may delete the application and any locally stored information from your device at any time. If your region requires it, we will adhere to any requests to delete your account data stored by us, relative to our need to preserve that data for our purposes.

Coming Home is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Coming Home has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at customersupport@cominghome.ai – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Provider Users may continue to retain records related to your participation in their services according to their policies, legal obligations, reporting requirements, and applicable agreements directly with you. If you have questions about records maintained by Provider Users, you should contact them directly.

What about Mobile Applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

I use the Coming Home App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

1. Both you and Coming Home acknowledge that the Terms are concluded between you and Coming Home only, and not with Apple, and that Apple is not responsible for the Application or the Content;
2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
3. You will only use the Application in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
6. You acknowledge and agree that Coming Home, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Application;
7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party’s intellectual property rights, Coming Home, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and Coming Home acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
10. Both you and Coming Home acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
    

What else do I need to know?

Warranty Disclaimer. Coming Home and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Coming Home and all such parties together, the “Coming Home Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Coming Home Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Coming Home Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Coming Home Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COMING HOME (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE COMING HOME PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO COMING HOME IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL COMING HOME BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

• Actions you take relating to your health, fitness regimen, or diet even if encouraged via the Services;
• the Service (including the Content and the User Content);
• your use of or inability to use the Service, or the performance of the Service;
• any action taken in connection with an investigation by Coming Home or law enforcement authorities regarding your access to or use of the Service;
• any action taken in connection with copyright or other intellectual property owners or other rights owners;
• any errors or omissions in the Service’s technical operation; or
• any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction;

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Coming Home were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Coming Home Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third-party using your account)and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Coming Home's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Coming Home and limits the manner in which you can seek relief from Coming Home. Both you and Coming Home acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Coming Home's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Orlando, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Coming Home will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Coming Home will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Coming Home may assert claims, if they qualify, in small claims court in Orlando, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND COMING HOME WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Coming Home are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Coming Home over whether to vacate or enforce an arbitration award, YOU AND COMING HOME WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Coming Home is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1025 S Semoran BLVD STE 1-1089 Winter Park, FL 32792 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Coming Home to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Coming Home agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Orlando, Florida, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Coming Home.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Coming Home may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Coming Home agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Coming Home, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Coming Home, and you do not have any authority of any kind to bind Coming Home in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Coming Home agree there are no third-party beneficiaries intended under these Terms.