The Home Depot Hubspace^TM App

Terms of Use - CANADA 

(Click here for the United States version)

Purpose

This mobile application (including the services available through it, the “App”) enables you to control and manage smart home devices and products manufactured by The Home Depot and other third parties. 

Copyrights

This App and the materials within it are © 2021 Home Depot Product Authority, LLC ("HDPA"), Home Depot International, Inc. (“HDI”), and Afero, Inc. (“Afero”). Viewing or using this App creates a copy of the materials in your device's memory.

Use License

The Home Depot, Inc., HDPA, and HDI (and their respective licensors) (collectively, "The Home Depot") jointly grant you permission to view and use this App and to print individual pages from this App for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this App.

Your use of this App constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this App, you represent and warrant to The Home Depot that you will not use this App for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth in these Terms of Usedo not use this App. Other than these Terms of Use and agreements between you and The Home Depot relating to the sale of products or services to you through this App, The Home Depot will not enter into any agreement with you or obligation to you through this App and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks and logos (collectively, "Trademarks") used and displayed on this App are registered and unregistered Trademarks of The Home Depot, Afero, and others. Nothing on this App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this App, without the prior written permission of the Trademark owner. The Home Depot aggressively enforces its intellectual property rights to the fullest extent of the law. The name of The Home Depot, The Home Depot logo or the other The Home Depot formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this App, without prior, written permission from The Home Depot. The Home Depot prohibits use of The Home Depot logo as part of a link to or from any App unless establishment of such a link is approved in advance by The Home Depot in writing. Fair dealing of The Home Depot’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this App may be the Trademarks of their respective owners.

Third Party Services

This App may enable access or include links to third party services and websites (individually and collectively, “Services”). The Services may: (i) display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Content”); (ii) require you to accept additional terms (“Third Party Terms”) and agree that information collected by the Services will be governed by that third party’s privacy policy (“Third Party Privacy Policy”) (any Third Party Content, Third Party Terms and Third Party Privacy Policy are collectively referred to as “Third Party Materials”); and (iii) be subject to additional fees. 

By using any Services, you agree to the applicable Third Party Terms and Third Party Privacy Policy for those Services, and further agree and acknowledge that: (i) you are using such Services at your sole risk and The Home Depot does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any information or data displayed by any Services; (ii) the Third Party Materials are provided solely as a convenience to you and The Home Depot's inclusion of such Third Party Materials does not imply any endorsement thereof; (iii) The Home Depot does not control any Third Party Materials and The Home Depot is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third Party Materials; and (iv) The Home Depot does not warrant or endorse, and does not assume and will not have any liability or responsibility to you or any other person for, such Services or Third Party Materials.

NO WARRANTIES; EXCLUSIONS OF LIABILITY

THE HOME DEPOT MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS APP FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HOME DEPOT SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE HOME DEPOT SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS APP OR FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS APP. YOUR USE OF THIS APP IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE HOME DEPOT, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP, THE MATERIALS IN THIS APP, THE DELAY OR INABILITY TO USE THIS APP OR OTHERWISE ARISING IN CONNECTION WITH THIS APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR CERTAIN LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY FULLY TO YOU.

Contacting Us

If you have any questions about these Terms of Use, please call us at 1-800-628-0525, log on to https://www.homedepot.ca/en/home/customer-support.html or write us at:

The Home Depot Canada Inc.

400 - 1 Concorde Gate

Toronto, Ontario

M3C 4H9

Although The Home Depot will in most circumstances be able to receive your e-mail or other information provided through this App (including, without limitation, service requests and other submissions), The Home Depot does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

Uploaded Content

By submitting any content to The Home Depot (including photos), via this App or otherwise, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you; and
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret, confidential information, or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold The Home Depot (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant The Home Depot and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third parties at The Home Depot's sole discretion. The Home Depot reserves the right to change, condense or delete any content on The Home Depot's App or its websites that The Home Depot deems, in its sole discretion, to violate these Terms of Use. The Home Depot does not guarantee that you will have any recourse through The Home Depot to edit or delete any content you have submitted. You acknowledge that you, not The Home Depot, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of The Home Depot, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

General 

You agree that these Terms of Use and your use of this App are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Toronto, Ontario, Canada in all disputes (a) arising out of, relating to, or concerning this App and/or these Terms of Use, (b) in which this App and/or these Terms of Use is an issue or a material fact, or (c) in which this App and/or these Terms of Use is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this App is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Home Depot has endeavored to comply with all legal requirements known to it in creating and maintaining this App, but makes no representation that materials on this App are appropriate or available for use in any particular jurisdiction. Use of this App is unauthorized in any jurisdiction where all or any portion of this App may violate any legal requirements and you agree not to access this App in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall govern such use.

WITH THE PRIOR AGREEMENT OF THE HOME DEPOT, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS APP AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION ACT, 1991, AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN TORONTO, ONTARIO, CANADA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

You agree that The Home Depot may at any time and without notice change the terms, conditions and notices under which this App is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.

You agree that no joint venture, partnership, employment or agency relationship exists between you and The Home Depot as a result of these Terms of Use or your use of this App.

The Home Depot's performance of these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of The Home Depot's right to comply with law enforcement requests or requirements relating to your use of this App or information provided to or gathered by The Home Depot with respect to such use.

These Terms of Use, the Privacy and Security Statement, and terms of sale constitute the entire agreement between you, and The Home Depot with respect to this App. These Terms of Use supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Home Depot with respect to this App. No modification of these Terms of Use shall be effective unless it is authored by The Home Depot, Inc. or its affiliates, or unless it is physically signed in blue ink by a The Home Depot officer. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by The Home Depot in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by The Home Depot in printed form.

THE INFORMATION AND MATERIALS IN THIS APP ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE HOME DEPOT OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS APP AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS APP. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Copyright © 2021 Home Depot International, Inc.. All Rights Reserved. 

The Home Depot is a registered trademark of Home Depot International, Inc..

MTDOCS 41681991