Legal & Disclaimers

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• "Company" (referred to as either "Digital Transformation Consulting & Solutions", "We", "Us", or "Our") refers to Digital Transformation Consulting & Solutions, operating the HOMS SaaS platform.
• "Country" refers to: Dominican Republic and United States.
• "Service" refers to the HOMS application or website accessible from https://bookhoms.com.
• "Content" refers to any text, images, videos, data, or other materials that can be posted, uploaded, linked to, or otherwise made available through the Service.
• "Device" means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• "Feedback" means feedback, innovations, or suggestions, including features, ideas, or requests for improvements.
• "User", "You", or "Your" means any individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• "Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• "Third-party Social Media Service" means any services or content provided by a third party that may be displayed, included, or made available by the Service.

HOMS makes no representation or warranty of any kind, whether express or implied, regarding the Website or the services provided by HOMS. The Website and services are provided on an "as-is" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall Digital Transformation Consulting & Solutions be liable for any damages whatsoever arising out of or related to the use of or inability to use the Website or the services provided by HOMS, whether based on warranty, contract, tort, or any other legal theory.

This Cookie Policy explains what cookies are and how we use them, the types of cookies we use, i.e., what information we collect using cookies and how that information is used, and how to control cookie preferences.

You can at any time change or withdraw your consent from the Cookie Declaration on our Website. Learn more about who we are, how you can contact us, and how we process personal data in our Privacy Policy. Your consent applies to the following domains: https://bookhoms.com

Sometimes on our site, you'll see that we use affiliate links. What does that mean? It means that if you click a product or service link, buy a product, or read a book that we enjoyed so much that we want to recommend it to you, then we may earn a small commission when you click through or make a purchase using that link.

If they have an affiliate program that lets us make a little "sumpin sumpin" when you click, then we usually sign up for it (if you should too!). However, we will never recommend something we don't believe in or use ourselves.

At Digital Transformation Consulting & Solutions, we are committed to maintaining your trust and confidence when you visit our website. In particular, we want you to know that we are not in the business of selling, renting, trading, or otherwise sharing your email list with any other businesses for marketing or any other purpose.

We just don't do that sort of thing because it's wrong, and we appreciate the trust you place in us when you share your email with us.

But just in case you don't believe us, this Privacy Policy provides lots of detailed information on when and why we collect your personal information, how we use it, the very limited situations where we might share it with someone else, and how we keep it secure. So grab a cup of coffee and read on.

Personal Data

We will comply with all applicable laws and regulations governing the provision of digital marketing services in the Dominican Republic and United States. We will also comply with applicable data protection laws where applicable.

To ensure compliance with applicable regulations, we will sign a Business Associate Agreement (BAA) with therapy clinics and provide written confirmation that HIPAA compliance has been evaluated. Proof of compliance can be provided upon request.

Website Cookies

Like pretty much every website on the entire internet, we use cookies to collect information. They are basically just small files that get stored temporarily in your internet browser when you visit our site. They're used to remember your computer or device comes to our site. This helps us make sure you download a new cool thing we put out or when you want to help us pre-fill some of the forms on the site when you want to download a new cool thing we put out or when you want to contact us quickly. We also store information about the pages that you viewed on your journey around our website so that we can make improvements to your journey doesn't get expected.

Analytics Services

We're a marketing company — so of course our goal is to build a website that's fun to read and enjoy — but also one that attracts and converts new customers. To this end, we employ a variety of analytics services to let us know what's working and what isn't. Specifically, we utilize Google Analytics, Facebook Pixels, and other Marketing Automation tools. We do this to find out general information about the people that visit our site, such as how many visitors have come to the site and how much time they spend on each page. This information is only processed in a way that doesn't identify you uniquely. The only exception is with our Google Analytics account. If you've opted into our email list, then we may connect the anonymous data that is collected with your customer file.

Mailing List

As part of the signup process for our regular blog, we collect personal information. We use that information for a couple of reasons. We want to tell you about stuff we asked us to tell you about; to contact you if we need to obtain or provide additional information; and to check in occasionally to make sure everything is alright and that you're happy and satisfied with the information we're sending. We will not rent or trade our email list with anyone.

Access to Your Personal Information / Delete Any or All of It

Your team via our Contact Page, Faxes, and we'll get right on it.

Changes to This Privacy Policy

We will periodically review this policy to improve it. When that happens, we will send an email to update you if we have your contact information on file.

You are entitled to view, change, or delete any or all of the personal information that we hold. Simply email your request to our team via our Contact Page, Faxes, and we'll get right on it.

We will periodically review this policy to improve it. When that happens, we will send an email to update you if we have your contact information on file.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether or not Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service. You are responsible for protecting those rights, and You agree that You bear any liability for this license to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national origin, physical disability, or other targeted groups.
• Spam, machine- or randomly-generated content, constituting unauthorized advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of a third party.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes between the time that a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via Contact Page and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via Contact Page. Upon receipt of a notification, the Company will take whatever action it, in its sole discretion, deems appropriate, including removal of the challenged content from the Service.

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You assign all rights, title, and interest in any feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback without restriction.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information), for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be governed by other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us via:

• Email: yari@dt-cs.com
• Website: https://bookhoms.com