{"terms":"\n \nHOMEASE HOME SERVICE VENDOR SALES AGREEMENT\nLast updated on December 12th, 2018\nHomease LLC ('Homease') allows real estate professionals who subscribe to be a member of Homease (collectively, the 'RE Members') to provide reviews and ratings on a variety of home service companies and related providers (collectively, defined hereinafter as 'You' or 'Home Service Vendor') with whom they have had actual experiences. You are permitted to use www.homease.app (the 'Website') and the Mobile app \u201cHomease\u201d (the \u201cApp\u201d) and the information contained therein subject to the terms and conditions contained in this Homease Home Service Vendor Sales Agreement, Homease Privacy Policy found at www.homease.app\/privacypolicy, which may be modified, amended or replaced by Homease from time to time at Homease sole discretion (collectively, the 'Agreement'). Such modifications will become effective immediately upon the posting thereof. \nIn consideration of Homease granting You access to its Website and App and the information contained therein, and in order to use the Website and App, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Home Service Vendor\u2019s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE HOME SERVICE VENDOR ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT AND THE PRIVACY POLICY JUST AS IF YOU HAD SIGNED THIS AGREEMENT.\nTERMS AND CONDITIONS:\n1. RE Members may submit a review and other information (collectively, 'Member Content') on any Home Service Vendor with which they have communicated whether work was completed or not. If the Home Service Vendor disputes any Member Content, the Home Service Vendor\u2019s sole course of action with respect to such Member Content as it relates to Homease and the Website is to utilize the Services (as defined below) which are available online at the Website.\n2. By agreeing to the Terms and Conditions of this Agreement, the Home Service Vendor is hereby permitted to use the services offered to Home Service Vendors including, without limitation, access to 'Business Center', the ability to review Member Content pertaining to the Home Service Vendor, the ability to submit responses to Member Content, the ability to update and maintain profile information on the Home Service Vendor, the ability to utilize the dispute resolution process offered through the Website and facilitated by Homease and such other services that Homease may offer to Home Service Vendors from time to time (collectively, the 'Services').\n3. By agreeing to the Terms and Conditions of this Agreement, Homease grants the Home Service Vendor a limited license to access and use the Website, the App, and the Services. Notwithstanding the foregoing, the Home Service Vendor acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website or App (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of Homease.\n4. Homease does not endorse and is not responsible or liable for any Member Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Homease. The statements, information and ratings contained in any Member Content are solely the opinion of the Member submitting such Member Content and do not reflect the opinion of Homease or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives. \n5. The Home Service Vendor acknowledges and understands that Homease simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content and SP Content. Homease does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Home Service Vendor or any other Home Service Vendor which is the subject of any Member Content. By using the Services, the Home Service Vendor agrees that it is solely the Home Service Vendor\u2019s responsibility to evaluate the Home Service Vendor\u2019s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Home Service Vendor submits, transmits or otherwise conveys through the Services (collectively, 'SP Content'). Under no circumstances will Homease be liable in any way for any Member Content or SP Content including, but not limited to, any Member Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise. The Home Service Vendor hereby waives any claims, rights or actions that it may have against Homease or any of its affiliates or subsidiaries with respect to any Member Content or SP Content and releases Homease and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content or SP Content. The Home Service Vendor agrees to indemnify and hold Homease and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Homease with respect to any statements made by a Member or Member Content submitted by a Member which is communicated, posted or published by Homease on its Website or to a third party.\n6. The Home Service Vendor acknowledges and agrees that the Home Service Vendor can neither require Homease to place the Home Service Vendor on its Website nor remove the Home Service Vendor or any Member Content from Homease. The Home Service Vendor further acknowledges and understands that the Home Service Vendor is not a Member of Homease, cannot refer to itself as a Member of Homease, and is not afforded the same access to the Website as a Member nor the benefits afforded to a Member.\n7. Individuals affiliated with the Home Service Vendor including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the 'Affiliated Persons') may not submit Member Content to Homease on the Home Service Vendor. The Home Service Vendor hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Member Content on the Home Service Vendor or any company or person competitive to the Home Service Vendor, or believes that Member Content was posted by an Affiliated Person that Homease may immediately remove such Member Content without notice or recourse against Homease.\n8. SP Content shall not contain any unauthorized content which includes but is not limited to:\na. Offensive, harmful and\/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist\/discriminatory speech.);\nb. Comments that do not address the Member Content or comments with no qualitative value as determined by Homease in its sole discretion;\nc. Content that contains personal attacks or describes physical confrontations and\/or sexual harassment;\nd. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;\ne. Language that violates the standards of good taste or the standards of the Website, as determined by Homease in its sole discretion;\nf. Content determined by Homease, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;\ng. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and\/or\nh. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.\nThe Home Service Vendor acknowledges and agrees that Homease in its sole discretion may remove without notice any SP Content or any portion thereof that Homease believes violates the foregoing. \n9. Homease may suspend, restrict or terminate the Home Service Vendor\u2019s use of the Services or any portion thereof if the Home Service Vendor breaches or fails to comply with any of the Terms and Conditions of this Agreement.\n10. Although Homease does not claim ownership of any SP Content or other communications or materials submitted by or given by the Home Service Vendor to Homease, by providing SP Content for the Website or other mediums, the Home Service Vendor automatically grants, and the Home Service Vendor represents and warrants that the Home Service Vendor has the right to grant, to Homease an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Homease with SP Content, the Home Service Vendor automatically grants Homease all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Homease use of SP Content. Homease is under no obligation to post or use any of SP Content or maintain SP Content. Homease may remove SP Content at any time in Homease sole discretion.\n11. It is the Home Service Vendor\u2019s sole responsibility to review and monitor any Member Content regarding the Home Service Vendor that is posted by Members and to submit responses it deems necessary to any Member Content. Homease does not have any obligation to provide a notice or update to the Home Service Vendor with respect to any new information or Member Content that it learns of or receives about the Home Service Vendor from its Members.\n12. The Home Service Vendor has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Home Service Vendor description and profile information.\n13. The Home Service Vendor agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Homease, any Member Content, any Member profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Homease. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.\n14. The Home Service Vendor hereby represents and warrants to Homease that (a) all information provided to Homease by the Home Service Vendor is true, complete and accurate in all respects, and (b) the Home Service Vendor is authorized to submit information to Homease. Homease is authorized by the Home Service Vendor to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Members.\n15. The Home Service Vendor acknowledges that the Website may utilize one or more website analytic services, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Homease uses the information collected by these service providers to improve the usability and other features of the Website. \n16. The Home Service Vendor acknowledges that Homease will use the telephone numbers, email addresses and facsimile numbers that are submitted to Homease in connection with registering with Homease to contact the Home Service Vendor with information regarding Homease. Homease agrees not to sell, trade, rent or share such information with any third parties.\n17. To the extent a third party posts or submits any SP Content or manages the Home Service Vendor\u2019s profile or information on the Website, the Home Service Vendor hereby acknowledges and agrees that the Home Service Vendor shall remain fully responsible for any SP Content or information posted or submitted by such third party.\n18. The Home Service Vendor agrees unless expressly authorized by Homease not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Member Content, any Member profiles, any SP profiles, or any other content from the Website or Homease including, without limitation, any reviews or ratings or any other content contained in any Member Content.\n19. Homease is the owner and\/or authorized user of any trademark and\/or service mark, including, without limitation, the name 'Homease', appearing on the Website and is copyright owner or licensee of the content and\/or information on the Website. By placing them on the Website, Homease does not grant the Home Service Vendor any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.\n20. Homease reserves the right to exercise any rights or remedies which may be available to it against the Home Service Vendor if the Terms and Conditions of this Agreement are violated by the Home Service Vendor. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and\/or any other appearances in any Homease's publication, and Home Service Vendor agrees that the exercise of one remedy shall not preclude the availability of any other remedy.\n21. The Home Service Vendor understands and agrees that, because damages resulting from Home Service Vendor\u2019s breach of this Agreement are difficult to calculate, if it becomes necessary for Homease to pursue legal action to enforce the Terms and Conditions of this Agreement, the Home Service Vendor will be liable to pay Homease the following amounts as liquidated damages, which the Home Service Vendor accepts as reasonable estimates of Homease's damages for the specified breaches of this Agreement:\na. If the Home Service Vendor posts SP Content in violation of this Agreement, the Home Service Vendor agrees to promptly pay Homease One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Homease may (but is not required) issue the Home Service Vendor a warning before assessing damages.\nb. If the Home Service Vendor exploits for any purpose (commercial or otherwise) any Member Content, Member profiles or any other information contained on the Website including, without limitation, ratings and\/or reviews in violation of this Agreement, the Home Service Vendor agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.\nc. If the Home Service Vendor uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Member Content, any member profiles, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Homease, the Home Service Vendor agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.\nd. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Home Service Vendor agrees to pay the actual damages suffered by Homease to the extent such actual damages can be reasonably calculated. \nNotwithstanding any other provision of this Agreement, the Home Service Vendor reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.\n22. THE Home Service Vendor EXPRESSLY UNDERSTANDS AND AGREES THAT Homease WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Homease HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, 'DAMAGES'), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND\/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE Home Service Vendor MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY Homease OR THE FAILURE OF Homease TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE Home Service Vendor HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Home Service Vendor.\nTO THE EXTENT Homease IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, Homease's LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).\n23. This Agreement and the relationship between the Home Service Vendor and Homease will be governed by the internal laws of the State of Texas, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Home Service Vendor may be located or any other jurisdiction. The Home Service Vendor agrees and consents to the exclusive jurisdiction of the state or federal courts located in Texas and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Homease may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Home Service Vendor occurred or where the Home Service Vendor can be found. The Home Service Vendor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.\n24. In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 5, 7, 10, 21, 22, 23, 24, 25 and 27.\n25. The Home Service Vendor agrees to indemnify and hold Homease and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Home Service Vendor\u2019s use of Homease.\n26. Homease may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Homease will make note of the date of the last update to the Agreement on the first page of this Agreement. The Home Service Vendor is responsible for reviewing these terms and conditions regularly. The Home Service Vendor\u2019s continued use of the Services after such modifications will be deemed to be the Home Service Vendor\u2019s conclusive acceptance of all modifications to this Agreement.\n27. The Home Service Vendor agrees that Homease shall be entitled to payment from the Home Service Vendor for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by Homease in connection with enforcing these Terms and Conditions and this Agreement or otherwise.\n28. The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Homease is not responsible for any delays, failures or other damage resulting from such problems.\n29. This Agreement may not be re-sold or assigned by the Home Service Vendor. If the Home Service Vendor assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Homease's rights if Homease fails to enforce any of the terms or conditions of this Agreement against the Home Service Vendor. In the event a court finds a provision in this Agreement to not be valid, the Home Service Vendor and Homease agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Home Service Vendor and Homease as a result of this Agreement or use of the Services. \n30. The person agreeing to this Agreement and the Terms and Conditions on behalf of the Home Service Vendor hereby represents and warrants that he\/she has the power and authority to bind the Home Service Vendor and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Home Service Vendor.\n31. You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.\n*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.\nIF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.\nYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Homease CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO Homease THROUGH THE USE OF A CREDIT CARD (A \u201cCREDIT CARD PROCESSOR\u201d). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR HOMEASE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE \u201cRELEASED PARTIES\u201d) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF Homease TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY Homease. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF Homease TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY Homease. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT Homease SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.\n(f) Authorization to Update Credit Card Account Information; Account Updater\nIf the credit card or debit card provided by You to Homease has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize Homease to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Homease contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with Homease has expired or changed (\u201cAccount Updater\u201d).\nBy registering for the Service and receiving a Plan, You consent to and authorize Homease\u2019s disclosure of Your credit or debit card information to Account Updater. You further consent to the third party\u2019s use of such information solely in connection with Account Updater. You also consent to Homease receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.\n33. Star Rating- Home Service Vendors must maintain a 3.5 out of a 5 star (cumulative) rating on Homease. If Home Service Vendor does not maintain at least a 3.5 star rating on Homease, Homease maintains the right to not renew the subscription for the Home Service Vendor at the conclusion of their subscription. If Homease elects to not renew the subscription for the Home Service Vendor - Home Service Vendor will be notified in writing by Homease.\nFEE SCHEDULE\n\nUpon registering, Home Service Vendors will be enrolled to a six month subscription with Homease LLC. These fees are outlined below:\nSix Month Subscription:\nCost is $79 per month for six months, paid monthly.\nIf Home Service Vendor elects to enroll in two or more services, Home Service Vendor will receive a thirty (30) percent discount for additional services after the first. All pricing and discounts are subject to change at any time. If there is a change in pricing and\/or discounts the Home Service Vendor will be notified in writing at least thirty days in advance of their elected subscription auto-renewing.\nAutomatic Renewal:\nThis contract shall automatically renew at the end of each six (6) month billing cycle for another six (6) months unless cancelled in writing by Home Service Vendor as outlined below. Automatic renewals shall also be subject to the Cancellation policy as described below.\nCancellation of Home Service Vendor Sales Agreement:\nThis Agreement may be cancelled by Home Service Vendor ONLY with sixty (60) day written notice PRIOR TO THE EXPIRATION OF THE AGREEMENT. This sixty (60) day cancellation notice requirement equally applies to any and all future renewals of the Agreement.\n\n \n ","status":1,"message":"Terms Retrieved Successfully"}