By clicking the “I Agree” button or otherwise registering with the Homee Platform or any portions thereof, downloading, installing, logging-in or using the App or any of Homee’s software, you are expressly acknowledging that you are entering into a legally binding contract and, as a result, you thereby agree to accept the terms of, and agree to be bound by this Agreement and by all the terms, conditions, and notices contained or referenced in this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE,” AND DO NOT USE THE HOMEE PLATFORM. If you do not agree to be bound by this Agreement, you will not have any right to use the Homee Platform. Homee’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
1. Eligibility to Use; Acknowledgement and Acceptance of Terms of Service; Limited License
(a) Eligibility for Use of the Homee Platform. By using the Homee Platform, you represent and warrant that: (i) all registration and other information you submit, if any, is truthful and accurate; (ii) you will maintain the accuracy of any information you provide; (iii) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (iv) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide, and (v) your use of any aspect of the Homee Platform does not violate any applicable law or regulation.
(c) User’s Representation of Immediate Need. You acknowledge that you are aware that many local, state and federal laws provide a 3 day or longer right of cancellation for services sold to you in your home. You further acknowledge that the Homee Platform is designed to establish an immediate connection between you and Subcontractors (as defined herein) made at your request to allow for the immediate purchase and provision of said services and is not in the nature of door-to-door sales intended to be covered by these local, state and federal laws. By using the Homee Platform, you represent and warrant that (i) you are initiating a contract when selecting a Subcontractor (ii) you are requesting commencement of the Service selected without delay because of an emergency (iii) where permitted by law, you are expressly waiving any right to cancel the contract within 3 business days provided under any local, state or federal provision. You acknowledge that your use of the Homee Platform to request Services operates as your representation that you are in immediate need of the service requested and you agree to provide an additional handwritten statement to that effect if so requested by Homee. IF YOU WISH TO RETAIN ANY 3 DAY RIGHT OF CANCELLATION OR RESCISSION PROVIDED UNDER LOCAL, STATE OR FEDERAL LAW PLEASE EXIT THE SITE AND APP NOW AND DO NOT REQUEST A SUBCONTRACTOR THROUGH USE OF THE HOMEE PLATFORM.
2. The Homee Platform is Solely a Venue for Communications; Background Checks.
(a) The Homee Platform is Solely a Venue for Communications. The Homee Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters” or “Users”) and Homee. Those certain services requested by the Requesters, which are to be completed by Homee are hereinafter referred to as “Services”. The Services may include the delivery and/or assembly, installation or repair of furniture, fixtures and/or other items (“Merchandise”), but shall not be deemed to include the Merchandise itself.
(b) Homee does not itself perform Services or provide Merchandise. Homee arranges for Services to be performed by authorized independent third-party subcontractors (“Subcontractors”). HOMEE, THROUGH THE HOMEE PLATFORM, OFFERS INFORMATION AND A METHOD FOR REQUESTORS TO OBTAIN SUBCONTRACTORS AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR TO OFFER TO ACT AS A PLUMBER, ELECTRICIAN, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER.
(c) Background Checks. Homee checks the backgrounds of Subcontractors via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. EXCEPT AS PROVIDED IN HOMEE’S MONEY-BACK GUARANTEE, BY USING THE HOMEE PLATFORM, THE REQUESTER AGREES TO HOLD HOMEE FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. HOMEE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
(a) Enrollment for Use of the Homee Platform. Some of the materials available on the Homee Platform may require prior registration to access. If you decide to access such materials you will be required to have a valid account and password, which you will be able to obtain by signing up and registering on the Site’s homepage or on the App. As part of the registration, you will need to select an acceptable user name in order to use the Homee Platform. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
(c) Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Homee Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Homee may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Homee has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org. Nothing in this section shall affect Homee’s rights to limit or terminate the use of the Homee Platform, as provided below in section 5(b).
(d) Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
(e) Text Messages and Phone Calls. By providing your phone number and using the Homee Platform, you are agreeing that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Homee Platform.
(f) Emails. You agree that Homee may send you confirmation and other transactional emails regarding the Services. Homee may also send you emails about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
4. Payments; Money Back Guarantee; Claims.
(a) Payments. Requestors contract with Homee to provide Services performed by Subcontractors. Requesters are obligated to pay immediately, at the conclusion of the Service, for the Services and/or Merchandise they order through the Homee Platform. We will charge the Requester’s credit card according to the amount the Requester has agreed to on the Homee Platform with respect to all Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Service, and the Requester hereby authorizes us to charge the credit card on file in the Requester’s Homee Platform account for such amounts. In instances where the Requestor or User is a Home Depot client, we will use Home Depot’s Payment Portal to process credit card information, and Home Depot will receive the payment on our behalf and as our payment agent. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Service transaction. If there is no complaint by the Requester, we will mark the Service as closed seventy-two (72) hours after a Service is completed. If the Requester has agreed with the Subcontractor to extend or reduce the hours in or to reschedule a requested Service, the Requester bears the responsibility for notifying Homee. Requesters must notify Homee either by changing the date or hours of the requested Service through the Homee Platform or by contacting email@example.com. All Payments by Requesters must be made through the Homee Platform. Any Payments paid outside of the Homee Platform are not subject to our Money-Back Guarantee in Section 4(d). Except for the Money-Back Guarantee in Section 4(d), and the Refund Policy in Section 4(e), no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Service(s) provided (other than taxes based on Homee’s income).
(b) Job Rate. The rate per hour for a Service (“Job Rate”) depends on factors, such as location and availability of the Subcontractor but will be published within the Homee Platform at time of requesting Service.
(c) Recurrent Service. When requesting a Service, in some states, Requesters may have the option of choosing that the Service be repeated on a regular basis (“Recurrent Service”).
(d) Money-Back Guarantee. If the Requester ordered and paid for a Service through the Homee Platform and the Service has already been performed, and if the Requester is not satisfied with that Service, then the Requester is eligible for our Money-Back Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service appointment to our customer service telephone number 855-964-6633 or by contacting firstname.lastname@example.org. The Money-Back Guarantee shall operate as follows:
If the Requester elects to have the Service re-performed and the Requester is still not satisfied with the Service after it has been re-performed, we will refund the Requester’s Payment amount for such Service.
The amount of Homee’s Money-Back Guarantee is limited to any Payment the Requestor made for the Service. Homee’s Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services.
For clarity, Homee’s Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Services to deliver, install and/or assemble the Merchandise, as applicable.
(e) Homee Merchandise Refund Policy.
(i) If you decide that you do not want the Merchandise before it has been unpacked or opened, or if the Merchandise you ordered does not fit into your home or your building refuses entry, Homee will return the Merchandise and refund you the cost of the Merchandise (provided, however, that Homee shall not refund the cost of the Services or shipping).
(ii) If any Merchandise is broken in the course of performing the Services, Homee will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Services at no additional cost to you (provided, however, that Homee shall not refund the cost of the Merchandise or refund the cost of the Services, except as set forth in 4(d) above).
(iii) If you wish to return any Merchandise after it has been unpacked or opened, Homee will remove and return the Merchandise for a fee of One Hundred Dollars ($100.00) per item. If Homee is able to obtain a refund from the third-party Merchandise provider using commercially reasonable efforts, Homee will credit you the amount of such refund. Homee shall not be responsible for any payment to you if it is unable to obtain a refund for the Merchandise using commercially reasonable efforts.
5. Term and Termination; Cancellation of Services; Survival.
(a) Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
(b) Termination by Homee. We may terminate this Agreement or terminate or suspend your right to use the Homee Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Homee Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Homee Platform due to any Prohibited Conduct, we will refund in full any payments for Homee services or Services that have not been begun. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Homee may delete the account and all the information in it. You have no ownership rights to your account.
(c) Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Homee Platform (provided that there are no outstanding Services ordered under your password or account) and by closing any account you have opened on the Homee Platform. If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed and paid for, or otherwise canceled as permitted by Homee.
(d) Policy for Service Cancellation by Requester. Homee’s cancellation policy for specific Services is as follows:
(e) Policy for Service Cancellation by Subcontractor. When a Subcontractor cancels a scheduled Service appointment, the Homee Platform generally notifies the Requester and makes the Requester’s Service request available for another Subcontractor to select. However, Homee cannot guarantee that a canceled Service appointment will be immediately selected by another Subcontractor and rescheduled or that the Service request will be completed.
7. Community Areas. The Homee Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the Homee Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Homee Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 8 (Rules for Use of the Homee Platform) below, and with Section 3 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Homee Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Homee Platform.
You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the site and app or other similar services. Users who violate systems or network security may incur criminal or civil liability. You shall not exploit the Homee Platform, including but not limited to, by trespass or burdening network capacity.
8. Rules for Use of the Homee Platform.
(a) During the term of this Agreement:
(i) Requesters may use the Homee Platform for personal use only (or for the use of a person, including a company or other organization that you validly represent).
(ii) Requesters may use the Homee Platform to book Services solely with respect to a location where the Requester is legally authorized to have Services performed.
(iii) Requesters may not use the Homee Platform for any other purposes whatsoever without our express prior written consent.
(iv) Requesters agree that an order for Services is an offer, which is only accepted when the Requester receives a confirmation of the order from Homee or a Subcontractor.
(v) Requesters agree to treat Subcontractors courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Subcontractors to enable them to supply Services.
(vi) Requesters agree to communicate any complaints to us and not to the Subcontractors. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Subcontractor may be unavailable from time to time, e.g. due to illness, vacation or leaving Homee.
(b) Subcontractors agree to provide Services in accordance with all applicable laws and regulations and with the Service Agreement.
(c) You shall NOT use the Homee Platform (including but not limited to any Community Areas) to do, or attempt to do, or assist any third party’s attempt to do any of the following:
(i) upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party or otherwise use the Homee Platform to reproduce, without permission, any copyrighted or trademarked materials.
(ii) download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Homee Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
(iii) defame, abuse, harass, victimize, degrade, intimidate, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
(iv) post a review or rating unless such review or rating contains your independent, honest, genuine opinion offered in good faith.
(v) use the Homee Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
(vi) publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, deceiving, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale or distribution of counterfeit or stolen items.
(vii) advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Homee Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Homee Platform without express written permission from us.
(viii) use the Homee Platform to collect usernames and/or email addresses by electronic or other means without our express prior written consent.
(ix) conduct or forward surveys, contests, pyramid schemes, or chain letters.
(x) impersonate or attempt to impersonate another person (including, without limitation, by using e-mail addresses associated with any other person), or allow any other person or entity to use your identification to post or view comments or otherwise use your account (and You also shall not provide your password to any other person).
(xi) register to use the Homee Platform under different usernames or identities, after your account has been suspended or terminated.
(xii) restrict or inhibit any other User from using and enjoying the Homee Platform.
(xiii) imply or state that any statements You make are endorsed by us, without our prior written consent.
(xiv) reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Homee Platform, its servers or any connected networks, use a bot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Homee Platform in any manner, or attempt to do any of the foregoing.
(xv) remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned or licensed by us.
(xvi) upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
(xvii) upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
(xviii) mirror, frame or archive any part of the Homee Platform or any content or material contained on the Homee Platform without Homee’s written permission.
(d) Additionally, with respect to the Site, you agree not to:
(i) use the Site in any manner that could disable, overburden, damage, or impair the Site or network, or interfere with any other party’s use of the site, including their ability to engage in real time activities through the Site;
(ii) use any bot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(iii) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
(iv) use any device, software or routine that interferes with the proper working of the Site;
(v) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
(vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or,
(viii) otherwise attempt to interfere with the proper working of the Site.
(e) You also agree not to use the Site or the Homee Platform:
(i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
(ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; or
(iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm the Site’s owner or Users of the site or expose them to liability.
9. No Employment. Homee provides a software platform which allows Requesters to connect with independent Subcontractors to provide Services. Homee is not the employer of any Subcontractor or Subcontractor’s employees. You acknowledge that a Subcontractor provides services to you as an independent contractor, and is not an employee, joint venturer, partner, agent, or franchisee of Homee for any purpose whatsoever.
10. Special Promotions; Gift Cards and Vouchers.
(a) Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
(b) Referral Credits. In the event that you are given a code through which you may refer a friend to the Homee Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at email@example.com.
(c) Promotional Codes. Discount applied at the time of checkout. Limit one (1) promotion code per request for Service. Not valid on prior Service requests or for the payment of taxes. You must pay applicable sales tax. Offer may not be combined with any other promotion, discount, code, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred or assigned. Void where prohibited, taxed or restricted by law.
(d) Gift Cards and Vouchers. Homee gift cards (“Gift Cards”) and vouchers for special offers or discounts (“Vouchers”) (individually, “Card”, or together, “Cards”) may be available and can be used to pay in part or in full for Services. Any such Card must be presented at the time of purchase and available balance will be applied to your purchase. The Cards do not expire and there are no fees associated with use of a Card.
(f) Unused Gift Cards. Gift Cards have no cash value and are not redeemable for cash except in the following ten U.S. states where it is required by law to the extent noted below. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:
If you are a resident of one of the U.S. states above and the balance of your Gift Card satisfies the applicable balance amounts described above for such State, then to the extent you wish to receive the cash balance, simply send your Gift Card along with a self-addressed envelope to us at the address set forth in Section 24 below, Attention: Gift Cards. Upon receipt, we will verify your address, confirm that your Gift Card balance qualifies you for a redemption, and send you a check for the exact amount of the remaining balance on that Gift Card. If your Gift Card balance is greater than the cap, or we can’t verify your residency, we’ll return your Gift Card in the envelope provided. We will be unable to redeem or return your Gift Card without a self-addressed envelope and are not responsible for mail that doesn’t arrive at the address provided. We cannot guarantee delivery in any way after submittal to the US Postal Service.
11. Intellectual Property Rights. The Homee Platform, and the information, data, content and materials, which it contains (“Homee Materials”), are the property of Homee and/or its affiliates and licensors, excluding User-generated content, which Homee has a right to use as described below. The Homee Materials are protected from unauthorized use, copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Homee and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Homee Materials. Any use of Homee Materials, other than as expressly permitted herein, is prohibited without the prior permission of Homee and/or the relevant right holder. The service marks and trademarks of Homee, including without limitation Homeeondemand.com, YourHomee.com, Homee.io and the Homee logo are service marks owned by Homee. Any other trademarks, service marks, logos and/or trade names appearing on the Homee Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Homee Platform without the express prior written consent of the owner.
12. Copyright Complaints and Copyright Agent. Homee respects the intellectual property of others and expects Users to do the same. If you are a copyright owner or agent thereof and believe that content posted on the site by a User infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Site’s owner with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The site’s owner can be reached by mail at Homee, Inc., 1413 S. Howard Ave., STE 220, Tampa, FL 33606, USA, or by email at firstname.lastname@example.org.
13. The App / Mobile Devices.
(a) The Homee Platform may allow you to access our services, download our Apps, upload content to the Homee Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
(b) You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
(c) Homee shall not be liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Homee reserves the right to terminate the use of the Apps or any other aspect of the Homee Platform should you be using the Apps or the Homee Platform with an incompatible or unauthorized device. Homee is not responsible for your internet connection or for any consequences of intermittent or unavailable connectivity.
14. Apple – App Store Sourced Application.
(b) You acknowledge and agree that (i) this Agreement is valid between you and Homee only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Homee, not Apple, is solely responsible for the App Store Sourced Application and the Homee Platform Content.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application and any questions with respect to the App Store Sourced Application shall be directed to Homee.
(d) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Homee, Homee and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Application or your possession and/or use of the App Store Sourced Application.
(f) In the event of any failure of the licensed App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the licensed App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the licensed application.
(g) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(i) Without limiting any provisions of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
16. Confidentiality. The term “Confidential Information” shall mean any and all of Homee’s trade secrets, confidential and proprietary information, personal information and all other information and data of Homee and its affiliates, employees and subcontractors that is not generally known to the public or other third parties. The Homee Platform contains secured components that are accessible only to those who have been granted a user name and password by Homee. Information contained within the secure components of the Homee Platform is confidential and proprietary and part of Homee’s Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Homee and agree that you will not disclose or use Confidential Information other than as necessary for you to make use of the Homee Platform as expressly permitted by this Agreement and only during the term of this Agreement.
17. Disclaimer of Warranties; Limitation on Liability.
(a) USE OF THE HOMEE PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HOMEE PLATFORM AND ALL MATERIALS, MERCHANDISE, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HOMEE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HOMEE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HOMEE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY SUBCONTRACTOR’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOMEE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HOMEE PLATFORM OR THIS AGREEMENT. ACCESS TO THE HOMEE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HOMEE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HOMEE PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SUBCONTRACTOR). NEITHER HOMEE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HOMEE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HOMEE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(b) NO LIABILITY. YOU AGREE NOT TO HOLD HOMEE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HOMEE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR SUBCONTRACTOR (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR SUBCONTRACTOR, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEE OR MEMBERS OR SUBCONTRACTORS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEE OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE HOMEE PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEE AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HOMEE PLATFORM, THE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEE OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HOMEE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE LIMITATION OF TIME PERIODS FOR CLAIMS SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(c) RELEASE. HOMEE AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HOMEE PLATFORM. THE HOMEE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HOMEE PLATFORM CONNECTS A USER TO A THIRD-PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, HOMEE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HOMEE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HOMEE IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE FULFILLMENT OF ANY MERCHANDISE ORDER, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HOMEE AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE CIVIL CODE OF THE STATE OF FLORIDA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(d) ADDITIONAL DISCLAIMERS.
(i) THE QUALITY OF THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HOMEE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HOMEE PLATFORM, YOU MAY BE EXPOSED TO MERCHANDISE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HOMEE PLATFORM AT YOUR OWN RISK.
(ii) NOTHING IN THIS AGREEMENT OR THE HOMEE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
(iii) BY USING THE HOMEE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HOMEE PLATFORM.
(iv) YOU ACCEPT THAT, AS A CORPORATION, HOMEE HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEE’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEE.
(v) EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
18. Indemnification. You hereby agree to indemnify, defend, and hold harmless Homee, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) your use or misuse of, or inability to use, the Homee Platform, or any Merchandise, (b) your violation of this Agreement, (c) your violation of any applicable law or regulation; (d) your violation of the rights of another (including but not limited to Subcontractors), and (e) Your Information and content that you submit or transmit through the Homee Platform. Homee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Homee.
19. Mutual Arbitration Agreement.
(a) Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Homee, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Homee may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 18 is your email address and/or physical address that you have provided to Homee. Homee’s address for such notices is: email@example.com and/or by mail to Homee Inc., Attn: Legal, 1413 S. Howard Ave., STE 220, Tampa, FL 33606
(b) Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Homee agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Homee will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
(c) Excluded Disputes. You and Homee agree that the following Disputes are excluded from this Arbitration Agreement: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights or our rights in our Confidential Information; (b) individual claims in small claims court; (c) any claim that an applicable federal statute expressly states cannot be arbitrated; and (d) any claim for injunctive relief.
(d) WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To the fullest extent permitted by law, You and Homee agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
(e) Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
(f) Severability. You and Homee agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 18 will be given full force and effect.
20. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 9, 11 and 15-24, shall so survive.
21. Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 18, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Hillsborough, Florida.
22. Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (a) to a parent or subsidiary, (b) to an acquirer of assets, or (c) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
25. Notices and Contact Information. All notices to a party shall be in writing and shall be made either by email or conventional mail through the U.S. Postal Service postage prepaid, certified or registered, return receipt requested. Any notices, questions, or other communications to Homee that are not otherwise provided for in this Agreement must be sent to us at firstname.lastname@example.org or by mail at:
1413 S. Howard Ave., STE 220
Tampa, FL 33606
26. Statutory Disclosures
(a)State of Florida Notifications:
(i) With respect to any Services to be provided with a value equal to or greater than $2,500, the following disclosure is provided pursuant to Section 489.1425, Florida Statutes:
FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET, SUITE 42
TALLAHASSEE, FLORIDA 32399-1039
TELEPHONE NO.: (850) 921-6593
(ii) ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES .
(iii) With respect to any Services to be provided with a value greater than $2,500, the following disclosure is provided pursuant to Section 713.015, Florida Statutes:
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001–713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
(iv) With respect to any Services for repair, improvement, reconstruction, or remodeling of any structure of Group R (residential) occupancy with a value exceeding $5,000 for residents of Dade County:
WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT THE FOLLOWING PERSONS ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM ALL SUBCONTRACTORS EVERY TIME YOU PAY HOMEE.
YOU ARE ADVISED THAT THE COUNTY CONSTRUCTION TRADES QUALIFYING BOARD AND THE BUILDING AND ZONING DEPARTMENT OF MIAMI-DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MAY HAVE INFORMATION ON FILE CONCERNING THE FINANCIAL RESPONSIBILITY AND ANY COMPLAINTS AND INVESTIGATIONS PERTAINING TO THE WORK OF THIS CONTRACTOR. THE PUBLIC RECORDS OF THE COUNTY ARE AVAILABLE FOR INSPECTION AND COPYING.
YOU ARE ALSO ADVISED THAT THIS CONTRACTOR HAS PUBLIC LIABILITY INSURANCE AND WORKERS COMPENSATION INSURANCE THROUGH GEMINI INSURANCE COMPANY (LIABILITY) AND PHOENIX INSURANCE COMPANY (WORKERS COMPENSATION), UNDER POLICY NUMBERS VGGP003326 (LIABILITY) & UB3H610380 (WORKERS COMPENSATION), WITH EXPIRATION DATES OF 5/26/2019 (LIABILITY) & 7/1/2019 (WORKERS COMPENSATION) ] AND LIMITS OF LIABILITY IN THE AMOUNTS OF $1,000,000 OCCURANCE/$2,000,000 GENERAL AGGREGATE (LIABILITY) & $1,000,000 (WORKERS COMPENSATION).].
YOU ARE ADVISED THAT IN ORDER TO PROTECT YOURSELF, YOU MAY REQUEST THAT THIS CONTRACT ALLOW FOR PAYMENTS TO THE CONTRACTOR TO BE CONDITIONED UPON THE CONTRACTOR OBTAINING AND PASSING MANDATORY INSPECTIONS.
YOU ARE ADVISED THAT YOU MAY PAY THE COST OF PURCHASING A CONTRACTOR'S PAYMENT BOND OR OTHER SECURITY, TO COVER PAYMENTS TO SUBCONTRACTORS AND MATERIAL SUPPLIERS, IN THE EVENT THIS CONTRACTOR FAILS TO DO SO, A COPY OF THOSE DOCUMENTS WHICH PROTECT YOU WILL BE FURNISHED UPON REQUEST, IF YOU SO WISH TO PURCHASE SUCH PROTECTION.
YOU ARE ADVISED THAT IN ORDER TO PROTECT YOURSELF, YOU MAY REQUEST THAT THIS CONTRACT CONTAIN A WORK COMPLETION DATE, IN THE ABSENCE OF A COMPLETION DATE, YOU MAY REQUEST THAT INTERIM MILESTONES OR TIME PERIODS BE ESTABLISHED FOR COMPLETION OF PORTIONS OF THE WORK.
WITH LIMITED EXCEPTIONS PROVIDED BY LAW, THE WORK YOU ARE CONTRACTING FOR MUST BE PERFORMED BY A STATE OF FLORIDA CERTIFIED CONTRACTOR OR A MIAMI COUNTY CERTIFIED CONTRACTOR WHO IS ALSO REGISTERED WITH THE STATE. YOU ARE FURTHER ADVISED THAT IF, AFTER OBTAINING A PERMIT FOR THE WORK, YOUR CONTRACTOR TERMINATES THIS PROJECT WITHOUT JUST CAUSE OR FAILS TO PERFORM WORK WITHOUT JUST CAUSE FOR 30 CONSECUTIVE DAYS, THE PROJECT MAY BE CONSIDERED ABANDONED. ABANDONMENT CONSTITUTES A PENALTY FOR WHICH A CONTRACTOR MAY BE DISCIPLINED BY THE STATE OR BY THE COUNTY.
Last updated: September 10, 2018