HomeSimply Enterprises, LLC (“HomeSimply” or “we” or “us”) helps home service advisors and real estate concierges (“Concierges”) manage their business with homeowners, property owners, renters and other users of their home services (“Users”). The following Terms of Use outline your obligations when using the Services, defined below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, THE APPLICATION, ALL DIGITAL SOLUTIONS AND THE MOBILE APPLICATION [collectively, the “Properties”], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THE PROPERTIES AND ALL OF ITS CONTENTS ARE THE PROPERTY OF HOMESIMPLY ENTERPRISES, LLC. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PROPERTIES. HOMESIMPLY ENTERPRISES, LLC (“HomeSimply” or “we” or “us”) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS TO THE PROPERTIES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The owner of the copyrights and trademarks are HomeSimply Enterprises, LLC (or other third party licensors; therefore, all Properties are protected by international copyright and trademark laws. You may print and download information from the Properties only for personal use without deleting or modifying copyright or licensed material. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Properties, including text, graphics, code and/or software. You agree to grant to HomeSimply Enterprises, LLC the right to use your name in connection with the reviews for services and products. You agree that you shall have no recourse against HomeSimply Enterprises, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to HomeSimply Enterprises, LLC.
2. TRADEMARKS.
Publications, products, content or services referenced herein or on the Properties are the exclusive trademarks or service marks of HomeSimply Enterprises, LLC. Other product and company names mentioned in the Properties may be the trademarks of their respective owners.
3. Agreement to Terms
The HomeSimply website available at www.homesimp.ly, our mobile application, all related digital solutions and mobile applications and the various content, features, and services offered on and in connection with these Properties, and applications (individually and collectively with the Properties, the “Services”) are owned and operated by HomeSimply and can only be accessed and used by you under these Terms of Use (including our Privacy Policy and applicable Additional Terms, the “Terms”). By creating an account, calling us, emailing us or otherwise accessing or using the Services, you agree to all of the terms and conditions of the Terms.
References to HomeSimply (or “we” or “us”) in the Terms include companies that provide business services to HomeSimply, to the extent that they are acting for or on behalf of us. 
Please review our Privacy Policy, which is part of the Terms. Some aspects of our Properties have additional terms which you must agree to in order to use those Terms (“Additional Terms”), and together with this agreement make up the Terms. By using a program with Additional Terms, you agree to the applicable Additional Terms.
With these Terms you agree that individual disputes will be resolved with binding arbitration you also agree to a class action waiver. The Terms also contain a disclaimer of warranties and a disclaimer of liability, as well as a release and indemnification by you. Details are set forth below.
4. Changes to Terms
HomeSimply may modify these Terms (including any Additional Terms, as defined below) at any time. Any changes to the Terms will be effective upon posting on our website. You waive any right you may have to receive specific notice of such changes. Please review the Terms each time you use the Services, as your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.
5. Services
No Responsibility or Endorsement for Concierges. HomeSimply does not deliver, and is not responsible for, any Concierge’s services, advice or recommendations with the vendors they select for you. HomeSimply is not an agent of any Concierge, and Concierges are not employees or agents of HomeSimply. HomeSimply does not engage vendors or professionals for or on behalf of homeowners. Neither HomeSimply nor any third party that may refer you to a Concierge sponsors, endorses, recommends or approves any of the Concierge or the Services. HomeSimply does not represent or warrant that any Concierge or vendor that the Concierge uses is licensed, qualified, bonded, insured or capable of advising or performing any service or providing a quality or satisfactory offering. We do not make any guarantees, warranties or representations of any kind regarding our Services, the Concierges or any services, advice, or products offered by the Concierge nor of any vendors or contractors used by the Concierge to perform services. Neither we nor any third party that refers you to a Concierge or the Services will be responsible for any action or inaction of any Concierge. You agree that HomeSimply is not responsible for the accessibility or unavailability of any Concierge, for the services or products they provide (or do not provide) or any claim resulting from your dealings with them. Concierges or the vendors or contractors used by the Concierge are solely responsible for any provision of home-related services or products, regardless of if HomeSimply facilitated the introduction to the Concierge or if the Services were used, and for any damages, costs, expenses, liabilities, injuries, illnesses or other loss suffered or incurred by you or any other third party in connection with the fulfillment of (or failure to fulfill) the requested services. You waive any right to assert any claim against HomeSimply.
No Guarantee. HomeSimply does not guarantee that the Services will match the needs of a Concierge or the Users nor do we guarantee that the services a Concierge provides to Users will match the needs of the Users. HomeSimply is not the provider of home services, is not in the business of providing the home services or selling the goods that are being provided to Users and is not responsible in any way for the provision of services or sale of goods to Users. HomeSimply is not a general contractor. HomeSimply is merely operating as a technology provider that enables Concierges to offer their services to property owners. Any contractor or vendor used to service the needs of a User will come from the Concierge and HomeSimply offers no guarantee on the quality, level of expertise, certifications, qualifications of contractors selected by the Concierge or Users.
Estimates. HomeSimply does not provide any guarantees for estimates or quotes that are provided to Users by the Concierge or by any vendor or contractor selected by the Concierge. If you select to work with a vendor or contractor, your rights will be governed by your contract with that vendor or contractor and by applicable law. Any estimate or quote provided to a user is provided by the Concierge or the contractor or service provider that is offering the work. Estimates or quotes should be used as a guide and should not be considered guarantees. 
6. Site Content
Site Content. The Services, including all design, photographs, videos, audio, data, information, graphics, visual interfaces, materials, computer code, content and information therein and their arrangement, selection, composition, and all trademarks, service marks or other brands or names of HomeSimply (collectively, the “Content”) are the exclusive property of HomeSimply. Content is protected by the United States and international intellectual property laws, including copyright and trademark laws. Any use of HomeSimply Content without our prior express written consent is strictly prohibited. HomeSimply reserves all rights to the Content not granted expressly in the Terms. Any material downloaded or otherwise obtained through your use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
HomeSimply grants Concierges a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content subject to your compliance with the Terms. 
HomeSimply grants Users a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial and informational use only, subject to your compliance with the Terms. 
Except as expressly permitted by the Terms, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Services. Unauthorized use of the Content is expressly prohibited by law and may result in severe civil and criminal penalties.
7. Consent
If you are accessing and using the Services, you affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, the Terms. Any profile or account may be terminated and deleted without warning if we believe that you are under 18 years of age. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, “you” and “your” will refer to both you and that entity.
Any registration by, use of, or access to the website by anyone under 13 years of age is unauthorized, unlicensed, prohibited, and in violation of these Terms. Minors between the ages of 13 and 18 may register to use these services only with the written permission of a parent or legal guardian.  
Users must be 18 years of age or older to use or register for Services. By using the Services, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Services does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age. If you are 18 years of age or older or have written permission of a parent or legal guardian to use the service, you agree to abide by all of the terms and conditions presented herein.
8. Accounts, Charges, Refunds
Account. Account registration is required for Concierges and Users to receive or use HomeSimply Services. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your Account, including, but not limited to, use of the Services by any person who uses your Account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. HomeSimply will not be liable for losses incurred as a result of an unauthorized use of a password or account.
Personal information submitted through the Service is governed according to HomeSimply’s Privacy Policy.
Inactive Accounts. If an account remains inactive for one year or more, HomeSimply reserves the right to terminate the account.
HomeSimply Fees. HomeSimply may charge fees to Concierges and Users of our Services. Fees are immediately due and payable upon provision of the applicable services and are final and non-refundable. Our fees may be adjusted at our discretion, without notice. 
Charges. When Concierges or their contractors or vendors perform work for you through the Services, you may be charged for the products or services they provide (“Concierge Charges”) and HomeSimply may facilitate those payments through a third-party vendor. HomeSimply will not have access to your payments of the funds at any time during this process and cannot be held liable, without limitation, for any payment issues. Payment terms for Concierge Charges will be as agreed upon between you and the Concierge or the contractor or vendor providing the services. You acknowledge and agree that your purchases of services and products from a Concierge or a vendor or contractor are transactions between you and that Concierge, contractor or vendor, and not with HomeSimply. When you use a credit card to pay for Concierge Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes. You understand that initiating a chargeback does not eliminate your obligation to pay.
Refunds; Returns.
If you are a User receiving services or goods from a Concierge or from vendors or contractors brought to you from a Concierge, your rights will be governed by your contract with the Concierge, vendors, contractors and by applicable law. HomeSimply is not responsible for providing refunds for your agreements with the Concierge, vendors or contractors.
Information You Provide To Us.
When you open or confirm your HomeSimply account, you will be asked to disclose certain information about yourself and your service requirements to your Concierge and to HomeSimply. You agree to provide us with accurate and complete information and to keep it updated, complete and correct. You certify that you are the current subscriber or owner of any telephone number, email address that you provide. You are strictly prohibited from providing a name or telephone number or email address that is not your own. If we believe that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.
If you knowingly provide false information, including any name, telephone number, email address or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your HomeSimply account current and correct, you agree to fully indemnify and be liable to HomeSimply and each Concierge or other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
9. Consent for Communications
Telephone Calls, Emails and Other Communications. When you contact us, when we contact you, or when you communicate with a Concierge or a User through the Services, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. By providing your telephone number or email address to us, you consent to this monitoring and recording.
Your Consent to Receive Automated Calls/Texts/Emails. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages even if your number(s) is registered on any state or federal Do Not Call list: if you are a User or a Concierge. Agreeing to receive marketing calls or text (SMS) messages is not a condition of using HomeSimply Services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to HomeSimply or that we obtain through other lawful means.
10. Privacy
For complete details on our use of your information, and how to opt out of receiving HomeSimply marketing communications, please see our Privacy Policy.
11. User Conduct
We prohibit certain kinds of conduct that may be harmful to HomeSimply users or to us. When you use the Services, you may not:

• Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services;
• Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law);
• Access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that HomeSimply does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Professionals for any purpose.
• Frame any part of the Services from the Properties.
• Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services).
• Use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm HomeSimply, our Concierges, or other Users or any other person.
• Directly or indirectly direct persons to another online or offline location that provides products or services similar to the Services.
• Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements or deceptive or fraudulent behavior;
• Infringe or violate the privacy rights, property rights or any other rights of any person or entity, or;
• Violate any applicable law, rule or regulation.

12. Collected Information and User Submissions
You agree and acknowledge that HomeSimply, Concierges and Users may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, “Information”) before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, “Collected Information”). If you (or your agents or authorized representatives) use HomeSimply Services and provide your Information to be used in those Services, then Collected Information includes the provided Information.
Users Are Responsible for User Submissions. The Services may permit you and other Users and Concierges to submit Information (individually and collectively, “User Submissions”). The person or entity submitting a User Submission, and not HomeSimply, is solely responsible for that User Submission and the consequences of submitting it. By way of example and not limitation, if a Concierge provides you with advice or other information, the Concierge (and not HomeSimply) is solely responsible for that advice and information. You acknowledge and agree that HomeSimply has no obligation to pre-screen your or anyone else’s User Submissions. In no event will HomeSimply be liable for any User Submissions, even if they contain errors, omissions, misleading, defamatory or offensive statements, or confidential, proprietary or private information, or for any loss or damage of any kind incurred as a result of their publication or use.
By submitting Information via the Services, you represent and warrant that: A) your User Submission, and the use of your User Submission as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause HomeSimply to violate any law or regulation or otherwise cause liability for HomeSimply; and B) your User Submission could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Limited Disclosure of User Submissions. HomeSimply may display the address and other User Submissions to a limited audience, including the homeowner of that address, Concierge, and other third parties involved in the Services. By using these Services, you hereby consent to the sharing of the information for the purposes of providing the Services offered through the Properties. Please be careful what you post, to avoid inadvertently disclosing any other personal information that you do not wish to be seen by the general public.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant HomeSimply a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. You grant HomeSimply all rights necessary to publish or refrain from publishing your name in connection with your User Submissions. You represent that you are the exclusive owner of all rights in the User Submissions that you submit or have secured all legal rights necessary for such User Submissions to be used by you, HomeSimply, and others as contemplated by these Terms of Use. You agree that HomeSimply will not pay or otherwise compensate you for User Submissions or Collected Information.
Reviews of Concierges. We may provide you the ability to post a review or rating of a Concierge. You agree that you will only post a review if you have first-hand knowledge of the services provided by such Concierge (that is, such Concierge provided products or services to you). You may not accept anything of value from a Concierge in exchange for posting a review or rating. You may not post or submit a review or rating of a Concierge if you are (i) such Concierge or an employee, contractor, director, manager or partner of, or otherwise affiliated with, such Concierge, (ii) an employee, contractor, director, manager or partner of, or otherwise affiliated with, a competitor of such Concierge, or (iii) related to such Concierge or its employee, contractor, partner, or other affiliate, including by blood, adoption or marriage. You certify that any review or rating that you post or submit is honest and factually accurate, that you have not received any form of compensation for providing it, and that you are not prohibited under these Terms of Use from posting or submitting it.
Review of User Submissions. We do not approve, control or endorse your or anyone else’s User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
13. Suggestions.
If you elect to provide or make available to HomeSimply any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), HomeSimply will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you
14. Third-Party Intellectual Property
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the HomeSimply Properties as part of the Services. These Third-Party Materials are not owned or controlled by HomeSimply. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by HomeSimply. All non-HomeSimply trademarks, product names and logos appearing on our Services are property of their respective owners. If you choose to select any links to third party websites, advertisements, services, offers, activities or other content, you do so at your own risk and hereby agree that you will hold harmless, indemnify and defend HomeSimply for any liability or damage that may result from exiting the HomeSimply website.  
15. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), HomeSimply will respond to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an email address, physical address, telephone number, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
HomeSimply
Attn: Legal Department
[email protected]
This email address is for DMCA notification only. If you have other questions about the Terms, please contact [email protected]
16. Modification of Services.
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services) and the Properties (or any portion of the Properties, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services or Properties. Unless explicitly stated otherwise, any new features that augment or enhance the current Services or Properties shall be subject to these Terms.
17. Termination; No Right to Services.
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate your or anyone else’s right to use the Services or Properties, in whole or in part, and to terminate, limit or prevent your or anyone else’s future access to and use of the Services or Properties, at any for any reason (including those specifically described in the Terms).
18. Warranty Disclaimer.
The Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, HomeSimply, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “HomeSimply Parties”) disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with HomeSimply, Users, Concierges or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. HomeSimply makes no representation or warranty about the accuracy or suitability of the Content, the User Submissions or other information displayed on the Properties or provided through the Services. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
19. Limitation of Liability.
In no event will the HomeSimply Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, HomeSimply, Users, Concierges or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not HomeSimply is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the HomeSimply Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, HomeSimply, Users, Concierges or other third parties exceed the lesser of (a) the amount you have paid to HomeSimply for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to HomeSimply, one hundred dollars (if you are a User) or one thousand dollars (if you are a Concierge). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
20. Indemnification and Defense.
In addition to your indemnification and defense obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the HomeSimply Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (1) your transactions with Users, Concierges or other third parties, or (2) any violation by you of any of the Terms or applicable laws. HomeSimply reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HomeSimply in asserting any available defenses.
21. Release.
You agree that you bear all risk and, in consideration of the Services provided by HomeSimply, you hereby release the HomeSimply Parties from, without limitation, all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, HomeSimply, Users, Concierges or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. Under the laws of the state of California, 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.
22. Disputes
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, you and HomeSimply may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Atlanta, Georgia. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Atlanta, Georgia for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Atlanta, Georgia. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Georgia state law, without regard to conflict of law provisions.
Attorneys’ Fees. If any of the HomeSimply Parties take legal action against you as a result of your violation of these Terms, the HomeSimply Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the HomeSimply Parties.
23. General
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with HomeSimply’s prior written consent, but may be assigned by HomeSimply without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Terms) constitute the entire agreement between you and HomeSimply concerning the Services and supersede all prior or contemporaneous communications of any kind between you and HomeSimply with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HomeSimply’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the HomeSimply Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at [email protected].
For Concierges
Additional Terms for Concierges
1. What is a Concierge?
A concierge is an individual with expertise or knowledge in real estate, property maintenance, management and home services, who provides advisory, consultation and coordination services to property owners in order to help them maintain their real estate.
If you are a Concierge (“Concierges” or “you”), your use of the Services and Properties is subject to the Terms of Use, including the Privacy Policy and these Additional Terms for Concierges. By creating a Concierge account on the Properties, making your products and services available to Users, or otherwise using or accessing the Services as a Concierge, you agree to the Terms, including the Privacy Policy and these Additional Terms for Concierges. Capitalized terms used and not defined herein have the meaning given those terms in the Terms of Use.
2. Qualification, Licenses and Insurance.
If you solicit, accept or perform work through the Services, you agree that:

• you will solicit, accept and perform work only if you possess the qualifications, experience, skill and tools necessary to complete such work;
• If applicable, you will have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding if and as required by applicable authorities for any work you solicit, accept or perform;
• to the extent professional liability insurance is required for the kind of work you are doing (e.g., under applicable laws, rules and regulations, as a requirement of taking certain projects), you will obtain and maintain that insurance; and
• You will not represent that you are an employee or agent of HomeSimply.

3. Background Checks.
You agree that HomeSimply may conduct a comprehensive background check, including, without limitation, credit check, evaluation of reputation and character or other assessment, and you will cooperate fully in that process. If your background check or other check is not successful (as determined by HomeSimply in its sole discretion, subject to applicable law), HomeSimply may terminate or suspend your account and/or terminate or suspend your ability to accept work through the applicable program, as HomeSimply determines appropriate in its sole discretion.
4. Performance of Services.
You agree that, in performing work accepted by yourself or in connection with contractors or vendors you select to do the work:

• if you receive a User request for a Concierge to provide services, you will respond to the User in a timely manner;
• you will perform the work in a professional manner, with the degree of skill and care that is required by best industry standards;
• you will complete the work in a timely manner;
• you will comply with all applicable laws, rules and regulations;
• you will not engage in any acts of wrongdoing, dishonesty or unethical business practices, including bait and switch tactics, misleading advertising or claims, or calling or continuing to call a User who has requested not to be called;
• you will not engage in spoofing or any other false identification, whether by telephone, text (SMS), email or other means;
• you will not make any representations, promises, guarantees or warranties on behalf of HomeSimply;
• you will not subcontract your work except with our prior, express written approval;

5. User Information.
HomeSimply may provide you with personal information relating to Users that are seeking products or services. You agree that:

• you will not disclose, retain or use any such User information except as required to provide the products or services to such User;
• you will not rent, sell or otherwise transfer User information to others without HomeSimply’s and such User’s consent;
• you will not use User information to market your products or services (or those of any third party) to such User, unless HomeSimply notifies you that such marketing is permitted;
• you will not use, or attempt to use, User information in a manner that would violate the Terms or for any purpose not intended by HomeSimply; and
• you will take reasonable and appropriate administrative, physical and technical measures to protect the security, integrity and confidentiality of User information, and you will promptly report all data breaches or other information security events involving User information to HomeSimply;
• you have read and understand these requirements.

6. Your Relationship with HomeSimply
You, not HomeSimply, are responsible for the services you provide to Users. You are not an employee or agent of HomeSimply and you, not HomeSimply, are responsible for your work. You will not represent that you are an employee or agent of HomeSimply. If your account with HomeSimply is no longer active or is terminated, you will not represent that you provide services through HomeSimply.
7. Disputes with Users.
You agree that any customer dispute or complaint between you and a User to whom you provide a product, services or advice, including disputes regarding your performance of or failure to perform service must be resolved between you and the customer. . We will not be liable to you, the User or any other person for the resolution of (or failure to resolve) any such matter. You agree to reimburse HomeSimply for any such payments and for any costs, expenses or attorneys’ fees that we incur in connection with such dispute.
You agree that HomeSimply has the right to disclose any information we have regarding you to any authorities requesting information from us regarding any product, services or advice you have provided or proposed to provide to Users or any Services we have provided to you.
8. Concierge Profile; Informational Requests and Updates.
You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate and complete information in connection with the Services; and to keep that information updated, complete and correct.
You understand and acknowledge that the amount and quality of your information (including the amount and quality of profile data, project activity and endorsements) may affect your ability to use the Services.
You agree to comply with HomeSimply’s informational requests from time to time in connection with the Services, including providing information to be used by HomeSimply (or our service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments that HomeSimply elects to perform.
You agree to immediately notify us if: (i) any information you have provided to HomeSimply, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
9. Taxes.
You agree it is your responsibility to collect any fees, sales, use, excise and other taxes, duties, and other governmental assessments due in connection with payments to you for your products or services (“Taxes”), and to collect and timely remit such Taxes to the applicable tax authorities. You acknowledge and agree that you (and not HomeSimply) are solely responsible for collecting, withholding, remitting and reporting all applicable Taxes due with respect to payments to you for your products or services, except for those Taxes or tax-related payments that HomeSimply is required by law to collect or withhold. You agree to provide a current and correct W-9 to HomeSimply if requested.
10. Quality Control.
You agree that we may access, review and monitor your HomeSimply account and usage and communication information and may use such account and usage and communication information as we deem appropriate, including to investigate complaints or issues, to provide services to you, and to verify information you or Users have provided.
11. Termination; Suspension.
HomeSimply, in its sole discretion, may suspend, restrict or terminate your use of the Services or any portion thereof at any time and for any reason (including if you breach or fail to comply with any of the terms of the Agreement). You can cancel your subscription at any time from within the application or by notifying us by e-mail [email protected]. Cancellations will become effective at the end of the current billing period. No prorated refunds will be issued. 
12. Confidentiality.
If you receive confidential information from HomeSimply, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning HomeSimply’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, policies and practices, trade secrets, and any and all other information that is not generally known to the public.
13. Independent Contractor.
You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with HomeSimply is intended or created by the Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of HomeSimply, and that HomeSimply has no power or authority to make any commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings for yourself and of all of your personnel.
14. No Guarantee.
As a Concierge, you agree and acknowledge that HomeSimply Enterprises, LLC cannot and does not guarantee results from any Services, or whether a homeowner will actually contract with you to do work you propose to customers. You acknowledge that HomeSimply Enterprises, LLC will determine in its sole discretion the manner and the terms of the Services provided. 
15. Limitation of Liability 
You acknowledge and agree that neither HomeSimply Enterprises, LLC and our directors, officers, agents, employees, subsidiaries, heirs, successors, assigns, and affiliates (collectively “HomeSimply Enterprises, LLC”) nor any of their affiliates, account providers or any of their affiliates will be liable for any harm, for example but not limited to: direct, indirect, incidental, special, consequential, punitive, or exemplary damages, damages for loss of profits, disputes with customers or other users of this Platform, goodwill, use, data or other intangible losses, even if HomeSimply Enterprises, LLC have been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the services; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the site and services; (vi) the use, in ability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the services. 
By using this service, you hereby agree that the limitation of liability of HomeSimply Enterprises, LLC is capped at the amount paid for the service for a period of not more than one calendar year. 
HomeSimply Enterprises, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
16. Indemnification and Defense 
Except where prohibited by law, by using this Website you indemnify, defend and hold harmless HomeSimply Enterprises, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
Notwithstanding anything else herein to the contrary, you understand that, in the event of willful misconduct by you against HomeSimply or any homeowner, customer or other User of any Services, including but not limited to fraud, theft, failure to perform services for which you received any deposit or payment, or willful damage to property, HomeSimply reserves the right to pursue legal action against you through the state and federal courts of Georgia, County of Fulton or other appropriate jurisdiction in the event HomeSimply determines you have committed fraud, theft, willful failure to perform services for which you have received a deposit or payment, or willful damage to property to, against or involving HomeSimply or any User. You agree and consent to the personal jurisdiction and venue of the federal and state courts in Atlanta, Georgia, for any such court action or proceeding.
17. Force Majeure 
A party will not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this Agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, domestic or foreign acts of terrorism, pandemic, an order to shelter in place a state, local or federal regulator or other official with jurisdiction, by or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: (a) notify the other party of the Force Majeure Event and its impact on performance under this Agreement; and (b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement. Delivery time and other agreed terms might be conveniently modified due to circumstances beyond one’s control (fire, flooding, earthquake, strike, floods, power lack, war, pandemic, etc.).
17.1. The Parties are obliged immediately to notify each other of the beginning and about the termination of the acting of circumstances of the force-majeure, impeding the execution of the AGREEMENT, and the notification is to be confirmed by the local Chamber of commerce.
17.2. Use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement.   
18. DISCLAIMER OF WARRANTY. 
THIS WEBSITE AND ALL APPLICATIONS AND RESOURCES AND SERVICES AS PROVIDED AS IS NO WARRANTY. THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE HOMESIMPLY PARTIES HEREUNDER. HOMESIMPLY PARTIES MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HOMESIMPLY DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SOFTWARE, WEBSITE, APPLICATION OR SERVICES HEREUNDER WILL BE ERROR-FREE OR UNINTERRUPTED.