HOMESERVE CONTRACTOR CO-BRANDED SITE TERMS OF SERVICE
Effective Date: 11 2023
I. INTRODUCTION AND ELIGIBILITY
HomeServe USA Corp. ("HomeServe", "we", or "us") provides this HomeServe Contractor Co-Branded Site Creation Platform (the "HomeServe Platform" or "Platform") as a service to facilitate independent contractors' creation and maintenance of websites for their business ("Contractor Site(s)"). By indicating your agreement, accessing the HomeServe Platform and any of its pages, and/or by using the platform to create a Contractor Site, you indicate your acknowledgement and acceptance of the Terms of Service ("Terms") set forth below without limitation or qualification.
We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect. These Terms are a legally binding contract. Please also note that Section XIV of these Terms contains a mandatory arbitration provision and waiver provisions that affect your right to bring lawsuits against HomeServe in the event of a dispute. By using the HomeServe Platform and/or creating a Contractor Site you acknowledge that you have read and agreed to these Terms, including the arbitration and waiver provisions.
Binding Agreement Between Your Business and HomeServe.
WHEN YOU ACCEPT THIS AGREEMENT, YOU AGREE TO IT ON YOUR INDIVIDUAL BEHALF AND ON BEHALF OF THE ORGANIZATION BY WHICH YOU ARE EMPLOYED OR ENGAGED AND FOR WHOSE BENEFIT YOU ARE USING THE SERVICE ("ORGANIZATION"). YOU REPRESENT AND WARRANT THAT YOU (A) HAVE READ AND UNDERSTAND THIS AGREEMENT, (B) ARE OF A LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (C) ARE AUTHORIZED BY THE ORGANIZATION TO AGREE TO THE TERMS IN THIS AGREEMENT ON ITS BEHALF. "You" and "your business" means you and the Organization on whose behalf you access and use the Service. Each time you use the HomeServe Platform, you accept these Terms on behalf of yourself, personally, and your Organization and acknowledge having read the current Terms. If you do not accept these Terms, you must not use the HomeServe Platform.
Age Eligibility. By using the HomeServe Platform, you affirm you are at least 18 years of age and otherwise able to enter into a valid and binding contract. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE HOMESERVE PLATFORM AT ANY TIME OR IN ANY MANNER. We are not liable for any damages that may result from your misrepresentation of age.
Geographical Eligibility. HomeServe provides the HomeServe Platform for use only by persons located within the United States. HomeServe makes no representation that the HomeServe Platform or its content is appropriate or available for use in locations outside the United States. By registering for or using the HomeServe Platform, you acknowledge and agree that you may only use the Service within the United States.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued access and use of the HomeServe Platform after a change to these Terms constitutes your binding acceptance of these Terms.
II. THE HOMESERVE PLATFORM AND CONTRACTOR SITE
The "HomeServe Platform" means this website, www.HomeServeContractors.com, which is under the control of HomeServe.
Contractor Sites. The HomeServe Platform enables you to create and maintain Contractor Sites that you control, operate, and maintain. The HomeServe Platform hosts and helps you maintain your Contractor Site, but you are responsible for its contents.
Permission to Use the HomeServe Platform. We grant you permission to use the HomeServe Platform subject to the license and restrictions in these Terms. Your use of the HomeServe Platform is at your own risk.
Taxes. If HomeServe has the legal obligation to pay or collect taxes, duties, or related fees for which the Organization is responsible, the appropriate amount of such taxes, duties, and related fees shall be invoiced to and paid by you.
III. YOUR ACCOUNT CREDENTIALS
You represent and warrant that the information (including User Content (defined below)) you upload to the HomeServe Platform and make available through your Contractor Site will be true, accurate, current, and complete.
Your Log-In Information. To use the HomeServe Platform (including creating and operating your Contractor Site), you may create log-in information, including a username and password, to access your account. Your log-in information is personal to you, and you may not share it with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials and accounts, and you agree to use reasonable efforts to prevent unauthorized access to or use of the HomeServe Platform and to preserve the confidentiality of your username and password, and any device that you use to access the HomeServe Platform. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us via the contact button on the HomeServe Platform. You will be solely responsible for the losses incurred by HomeServe and others due to any unauthorized use of your account.
HomeServe may communicate with you by email or posting notice on the HomeServe Platform. You may request that we provide notice of security breaches in writing. Communications from Us. Where permitted by law, you agree to receive email from us at the email address you provided to us for customer service-related purposes, marketing purposes, and for other purposes contemplated by these Terms.
Responsibility for Your Communications. You acknowledge and agree that you are solely responsible for the communications your (including the Organization's) accounts initiate and receive using the HomeServe Platform and separate from the HomeServe Platform. Without limiting the foregoing, you are solely responsible for ensuring compliance with applicable laws, regulations, and rules (including consent requirements) associated with electronic communications by text message and electronic mail including, without limitation, the U.S. Telephone Consumer Protection Act, the U.S. CAN-SPAM Act, and similar state laws. You are responsible for the timing, content, and recipients of the communications initiated by or on behalf of the Organization using the HomeServe Platform and we act solely as a service provider providing a platform facilitating the transmission of such communications. Use of the HomeServe Platform for telemarketing and other promotional purposes is expressly prohibited. We in our sole discretion may restrict, suspend, or permanently block any and all use of the HomeServe Platform for communications including, without limitation, restricting the timing, content, and recipients of communications.
Electronic Notices. By using the HomeServe Platform or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the HomeServe Platform. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the HomeServe Platform or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please email us at via the contact button on the HomeServe Platform.
V. HOMESERVE'S CONTENT OWNERSHIP AND USE
HomeServe owns or has rights to all of the content we make available through the HomeServe Platform, but you may use it as you use the HomeServe Platform. You cannot use our logo without our written permission.
The contents of the HomeServe Platform include: designs, text, graphics, images, video, information, logos, button icons, software, video and audio files, computer source and object code, media, documentation, algorithms, "look and feel", HomeServe logos, and other HomeServe content (collectively, "HomeServe Content"). The HomeServe Platform and all HomeServe Content and the compilation (meaning the collection, arrangement, and assembly) of all HomeServe Content, and all intellectual property rights therein, are the property of HomeServe or its licensors and are protected under copyright, trademark, and other laws. Other than as expressly permitted in these Terms, nothing in these Terms shall be construed to transfer any right, title, or interest to you of the HomeServe Platform or HomeServe Content or any Intellectual Property Rights therein. You disclaim all rights to the the HomeServe Platform and HomeServe Content and any Intellectual Property Rights therein, other than those rights expressly granted by these Terms, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production. Except as expressly authorized in writing by HomeServe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the HomeServe Platform or HomeServe Content, in whole or in part.
License to You. We authorize you, subject to these Terms, to access and use the HomeServe Platform and the HomeServe Content solely for your personal use to create and publish Contractor Sites, at our discretion, and you are prohibited from using any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable by HomeServe at any time without notice and with or without cause. Unauthorized use of the HomeServe Platform or HomeServe Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original HomeServe Content on any copy you make of the HomeServe Content.
HomeServe Marks. HomeServe, the HomeServe logo, and other HomeServe logos and product and service names are or may be trademarks of HomeServe (the "HomeServe Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the HomeServe Marks.
VI. SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from you and welcome your comments regarding the HomeServe Platform. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("creative ideas"), we shall:
- Own, exclusively, all now known or later discovered rights to the creative ideas;
- Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. YOUR USER CONTENT AND LICENSE TO HOMESERVE
You are responsible for your actions when using and relying on the HomeServe Platform and for the content you post on your Contractor Site. You grant HomeServe a license to display your Contractor Site and collect related data, including lead information you receive from End Users. HomeServe Does Not Guarantee the Accuracy of Your Contractor Site or any User Content. The content uploaded or provided by you, or imported, copied, published, made available, or uploaded by HomeServe on your behalf for your Contractor Site is your user content ("User Content"). We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. You accept that any reliance on material posted by HomeServe, other users or third parties will be at your own risk. By using the HomeServe Platform, you accept the risk that you might be exposed to User Content that is inaccurate, objectionable, or otherwise inappropriate.
You assume all risks associated with User Content posted on your Contractor Site, including anyone's reliance on its quality, accuracy, or reliability. You represent that you currently and will continue to own or are otherwise legally empowered to use, post, and provide to HomeServe all User Content on your Contractor Site. You represent that you have obtained all consent and permissions required under all applicable laws regarding the posting, transmission and/or publication of all User Content, including any Personal Information, individual images or likenesses that are part of the User Content. You may expose yourself to liability if, for example, User Content on your Contractor Site contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. You hereby waive any claims, rights or actions that it may have against HomeServe or any of its affiliates or subsidiaries with respect to any User Content and releases HomeServe and each of its affiliates and subsidiaries from any and all liability for or relating to User Content.
You acknowledge and agree that you cannot require HomeServe to make the Contractor Site(s) or User Content available on the HomeServe Platform. It is your sole responsibility to review and monitor any User Content regarding you that is posted to Contractor Site(s). HomeServe does not have any obligation to provide a notice or update to you with respect to any new information or User Content that it learns of or receives about you. You have the sole responsibility of updating any and all of your information on the Contractor Site(s) including, without limitation, the Organization's description and profile information.
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the products and services you describe on Contractor Site(s), and shall provide true contact information on your Contractor Site(s) for any questions, complaints or claims; and you may not offer or sell any products or services, or provide any information, User Content or material regarding products or services, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights product safety, trade regulations and sanctions, support, maintenance and export.
Third Party Content on Your Contractor Site. If you link to third-party websites, articles, product reviews, media, and other information that you think may be of interest to End Users, you assume all risk and we disclaim all liability arising from third-party content.
VIII. PROHIBITED CONDUCT ON THE HOMESERVE PLATFORM
Please use the HomeServe Platform responsibly, and do not seek to harm our website.
You agree to use the HomeServe Platform only for its intended purpose. You (and the accounts assigned to you) must use the HomeServe Platform in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the HomeServe Platform are prohibited. You (and the accounts assigned to you) must not and must not attempt to:
- Interfere with, harm, reverse engineer, disassemble, decompile, copy, steal from, or gain unauthorized access to the HomeServe Platform, HomeServe Content, or the technology and equipment supporting the HomeServe Platform;
- Frame or link to the HomeServe Platform without permission;
- Use data mining, robots, scrapers, or other data gathering devices on or through the HomeServe Platform;
- Post incomplete, false, objectionable, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Sell, transfer, or assign any of your rights to use the HomeServe Platform to a third party without our express written consent;
- Remove, obscure, or alter any notice of the trademark, patent, copyright, or other proprietary rights related to the HomeServe Platform;
- Use the HomeServe Platform for the benefit of any party other than you or purposes of competitive analysis of the HomeServe Platform, the development of a competing software product or service, or any other purpose that is to the HomeServe's commercial disadvantage;
- Use the HomeServe Platform to transmit or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third-party privacy rights;
- Use the HomeServe Platform to transmit or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Misuse or abuse the HomeServe Platform, or interfere with or disrupt the integrity or performance of the HomeServe Platform or the data contained therein or transmitted thereby;
- Misappropriate any of HomeServe's software, technology or other services;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the HomeServe Platform or HomeServe's systems or networks connected to the HomeServe Platform, or otherwise interfere with or disrupt the operation of the HomeServe Platform, or the servers or networks that host them or make them available;
- Use the HomeServe Platform in an illegal way or to commit an illegal act in relation to the HomeServe Platform or that otherwise results in fines, penalties, and other liability to HomeServe or others; or
- Access the HomeServe Platform from a jurisdiction where it is illegal or unauthorized.
IX. CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the HomeServe Platform.
Termination or Suspension. We reserve the right to suspend or terminate your access to the HomeServe Platform for any reason, at our discretion, including termination of your account and/or Contractor Site. We have the right to temporarily make unavailable or completely remove your Contractor Sites from the HomeServe Platform in our sole discretion, which will make such Contractor Sites unavailable to your End Users. We reserve the right to refuse to provide the HomeServe Platform to you in the future.
Your Responsibility for Claims, etc. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms, your Contractor Sites, and your use of the HomeServe Platform.
XI. HOMESERVE'S LIABILITY AND DISCLAIMER OF RELATED WARRANTIES
We are not liable for the actions of users of the HomeServe Platform. We may also change the HomeServe Platform at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of content you view on the HomeServe Platform. Changes to the HomeServe Platform. We may change, suspend, or discontinue any aspect of the HomeServe Platform at any time, including hours of operation or availability of the HomeServe Platform or any feature, without notice or liability.
Loss of User Content or Data. If we change, suspend, or discontinue any aspect of the HomeServe Platform or terminate or suspend your access, it may cause or result in the loss of certain content, features, use, or capacity of your Contractor Site, including any User Content, End User data, or usage data associated with the Contractor Site. We shall not be liable in any way for such a loss or for saving a backup of your User Content, Contractor Site, End User data, usage data, or other data. End User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the HomeServe Platform, including End Users of your Contractor Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release HomeServe of all claims, demands, and damages in disputes between you and any third party, including End Users of your Contractor Site. You also agree not to involve us in such disputes. Use caution and common sense when using the HomeServe Platform.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the HomeServe Platform, including content licensed by third parties. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the HomeServe Platform. Use the HomeServe Platform at your own risk. Third-Party Websites. The HomeServe Platform may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. "Released Parties" include HomeServe and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the HomeServe Platform at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE HOMESERVE PLATFORM IS AT YOUR SOLE RISK, AND THE HOMESERVE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE HOMESERVE PLATFORM, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE HOMESERVE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE HOMESERVE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOMESERVE PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE HOMESERVE PLATFORM WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE HOMESERVE PLATFORM WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOMESERVE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the HomeServe Platform. If you use the HomeServe Platform in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOMESERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE HOMESERVE PLATFORM, THE HOMESERVE CONTENT, OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $2000 IN AGGREGATE FOR ALL CLAIMS.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your Contractor Sites(s), (ii) your use of the HomeServe Platform or HomeServe Content, (iii) your breach of these Terms, (iv) your negligence, recklessness, willful misconduct, or violations of law, (v) any third party's reliance on your Contractor Site and/or the User Content on your Contractor Site, or (vi) your violation of any third party right, including any copyright, access rights, property, or privacy right.
XII. FORCE MAJEURE
To the fullest extent permitted under applicable law, HomeServe will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of HomeServe information technology systems; or (g) other causes beyond the reasonable control of HomeServe.
XIII. GENERAL TERMS
XIV. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
We are located in Connecticut, so all disputes must be resolved there. WE WILL USE ARBITRATION TO RESOLVE ANY PROBLEMS, AND YOU CANNOT JOIN A CLASS ACTION LAWSUIT OR OBTAIN A JURY TRIAL FOR ANY DISPUTES YOU HAVE WITH US RELATED TO YOUR USE OF THE HOMESERVE PLATFORM.
These Terms and the relationship between you and HomeServe shall be governed by the laws of Connecticut without regard to its conflict of law provisions. You agree to first contact us using the "Contact Information" below regarding any claim or controversy arising out of or relating to these Terms or your use of the HomeServe Platform. You and HomeServe agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the HomeServe Platform under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Fairfield County, Connecticut. You covenant not to sue HomeServe in any other forum.
Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that HomeServe may recover reasonable attorneys' fees from you if HomeServe prevails in an action for injunctive relief against you.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the HomeServe Platform or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
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