UNDERSTANDING YOUR RISK
The Purpose of the Website and the Services is to connect You with Service Providers. Homeowners Hub helps facilitate the communication and payment process between You and Service Providers so that You can request and pay a Service Provider to perform Home Services. The Service Providers are independent contractors who are not employed, retained, endorsed or sponsored by or otherwise under the control with Homeowners Hub. Homeowners Hub is not responsible for and provides no representations, assurance, guarantees or warranties with respect to the Service Providers and the Home Services including, without limitation, the accuracy of any estimate, the suitability, quality, ability, timeliness, performance, conduct, acts, omissions and availability of the Service Providers and the Home Services. You understand that the listing of a Service Provider on the Website does not constitute an express or implied endorsement of that Service Provider. Your use of a Service Provider is entirely at Your own risk. While Homeowners Hub takes commercially reasonable steps to ensure that the Service Providers possess relevant licenses and general liability and workers compensation insurance, We do not warrant or guarantee that a Service Provider’s license or insurance is current at the time that You retain the Service Provider or that Service Provider’s license or insurance is appropriate for the Home Service for which the Service Provider is being retained. You are solely responsible for determining whether the Service Provider has (i) current licensing required to perform the Home Service and (ii) current and appropriate insurance. YOU EXPRESSLY WAIVE AND RELEASE HOMEOWNERS HUB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING IN ANY WAY FROM OUR INTRODUCTION TO AND YOUR USE OF THE SERVICE PROVIDERS AND THE HOME SERVICES.
REGISTRATION AND YOUR INFORMATION
YOUR USE OF THE SERVICES
You will be able to use the Services once You create an account. You can retain a Service Provider to perform the Home Services by requesting your service on the Website. All payments from You to the Service Provider shall be made through Homeowners Hub. Once the Home Services have been completed, we will charge the final cost of the Home Services to the credit card on file with Your account and send you a detailed invoice for the Home Services completed.
You agree to cooperate in good faith with us and the Service Provider to resolve any complaints or disputes between you and the Service Provider regarding the Home Services. If You are unable to resolve any controversy or dispute between You and a Service Provider, You agree that such controversies and disputes shall be submitted to final and binding arbitration before the American Arbitration Association. The arbitration will be held in Essex County, New Jersey. All decisions of the arbitrator are final and such dispute resolution is Your sole and exclusive remedy in regards to complaints or claims against a Service Provider for the Home Services.
We charge fees for the use of certain features or aspects of the Services (“Premium Services”). Fees for the Premium Services are subject to change at any time. You agree that we may charge the fees for such Premium Services to the credit card associated with Your account.
USE OF THE WEBSITE
- Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- Access or attempt to access any other user’s account;
- Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
- Elude or attempt to elude the Website’ security systems;
- Attempt to gain access or gain access to the Website in a fraudulent manner;
- Use the Website for any purposes other than those intended by Homeowners Hub, as determined by Homeowners Hub in its sole discretion; or
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
NOTICE OF ENFORCEMENT
Homeowners Hub vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Homeowners Hub will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE WEBSITE IS OPERATED BY HOMEOWNERS HUB, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEOWNERS HUB, LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “HOMEOWNERS HUB BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HOMEOWNERS HUB BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE HOMEOWNERS HUB BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE HOMEOWNERS HUB BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE SERVICES, THE HOME SERVICES, OR THE DELAY OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE HOME SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THE HOME SERVICES OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF THE HOMEOWNERS HUB BUSINESSES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE HOMEOWNERS HUB BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE HOMEOWNERS HUB BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE HOMEOWNERS HUB BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. HOMEOWNERS HUB’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF HOMEOWNERS HUB’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY HOMEOWNERS HUB WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Homeowners Hub therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEOWNERS HUB AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release Homeowners Hub and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Homeowners Hub or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
Any notice or other document or communication required or permitted hereunder to Homeowners Hub will be deemed to have been duly given only if in writing and delivered by email sent to email@example.com. Notices to Homeowners Hub shall be deemed delivered when actually received by Homeowners Hub. Any notice or other document or communication from Homeowners Hub required or permitted hereunder will be sent to the e-mail address that You provide when You registered with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.Should You elect to send or receive e-mail communications of any kind to or from Homeowners Hub, You represent and warrant to Homeowners Hub that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
CONTINUED USE DEEMED ACCEPTANCE
Homeowners Hub August 2016