Supplemental Terms of Service for HomeX Remote Assist

These Supplemental Terms of Service (“Terms”) supplement the terms and conditions of your home warranty service agreement (“Service Agreement”) and govern the use by you, (“Customer” or “you”) of the Services (as defined below) provided by Home Experience, LLC “HomeX”, “we” or “us”). These Terms of Use supersede any posted or click through terms on HomeX website, but only to the extent of your use of the Services as defined below. Capitalized terms not defined herein have the meaning set
forth in your Service Agreement.


1. Definitions.
For the purposes of these Terms:


A. “Affiliate” is any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with HomeX. As used in this definition, “control” shall mean possession, directly or indirectly, of the power to direct or cause the direction of the management and policies (whether through ownership of securities or other ownership interests, by contract or
otherwise);
B. “Personnel” means the Affiliates, officers, directors, employees, agents, contractors, consultants, vendors, and representatives of HomeX; and
C. “Service” or “Services” shall have the meaning set forth in Section 2.


2. Services
The services covered by the Terms (“Service”,“Services” or “Remote Services”) include the provision of remote consulting and other remote services including the assistance, advice and direction to Customer to perform alterations, repairs or other work with respect to a Failure covered by Your Service Agreement.


3. Authorization
You represent and warrant that (i) you are authorized by the property owner to perform all actions you undertake during or as a result of Remote Services; and (ii) you are not subject to any obligation or restriction that prohibits the performance of the Services or that would otherwise be breached or violated by the performance of the Services.


4. Cooperation of Customer
You agree to comply with all reasonable requests of HomeX and shall provide HomeX’s Personnel with access to all documents as may be reasonably necessary for the performance of the Remote Services under these Terms.


5. Warranty
HomeX warrants that it shall deliver or perform the Services in a timely and professional manner in accordance with remote services industry standard practices and standards and using competent personnel having expertise suitable to their assignments. EXCEPT AS REPRESENTED IN THESE TERMS, HOMEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.


6. Limitation of Liability
IN NO EVENT SHALL HOMEX BE LIABLE UNDER THESE TERMS TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM, ACTION, SUIT, DEMAND, OR PRECEEDING OF ANY KIND RELATING TO OR ARISING OUT OF THESE TERMS (“CLAIM”) MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT. EXCEPT AS EXPRESSLY PROVIDED UNDER APPLICABLE, NONWAIVABLE LAW, TOTAL AGGREGATE LIABILITY OF HOMEX TO YOU IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PARTICULAR SERVICES UNDER WHICH THE LIABILITY AROSE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY BEFORE THE CLAIM WHICH GAVE RISE TO THE LIABILITY.


7. Ratings/Reviews
You authorize HomeX and the Administrator of Your Service Agreement to publish any ratings or reviews that you submit to HomeX for advertising or any other purposes. You further authorize HomeX and the Administrator of Your Service Agreement to modify such reviews for spelling, grammatical or formatting purposes, so long as such modifications do not materially change the content, tone or intent of the review.


8. Sharing Data
In order to perform the Services, HomeX may need to share your personal information with its Personnel and Affiliates, and with the Administrator of Your Service Agreement, including transcripts or recordings of your communications with HomeX, location data, contact information, and other personally identifying information. HomeX adheres to its Privacy Policy located at https://homex.com/privacy-policy when dealing with your personal information. You acknowledge and consent to the policies outlined in the Privacy Policy.


9. Modifications to Terms
HomeX may modify these Terms from time to time in its sole discretion by written notice provided by the Administrator of Your Service Agreement. Modifications are effective upon your continued use of the Services following such written notice. Disputes arising under the Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.


10. No Agency; No Employment
No agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms.

11. Severability
Each provision of these Terms is intended to be severable. If any term or provision hereof is held by a court of law to be in violation of an applicable local, state or federal ordinance, statute, law administrative or judicial decision, public policy or for any other reason, and if such court should declare such provision of these Terms to be illegal, invalid, unlawful, void, voidable, or unenforceable as written, then such provision shall be given full force and effect to the fullest extent that is enforceable, the remainder of these Terms shall be construed as if such illegal, invalid, unlawful, void, voidable or unenforceable provision was not contained herein, and the rights, obligations and interests of the parties under the remainder of these Terms shall continue in full force and effect. If any provision is held to be unenforceable, the court making such determination shall have the power to, and shall, modify such provision to the minimum extent necessary to make such provision, as so modified, enforceable, and such provision shall then be applicable in such modified form.

 

12. Waiver
No waiver of any term or right in these Terms shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of these Terms shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of these Terms thereafter.


13. Headings
The headings and captions appearing in these Terms have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain.


14. Survival
Each term and provision of these Terms that should by its sense and context survive any termination or expiration of Your Service Agreement. Each term shall survive regardless of the cause of the termination.


15. Force Majeure
HomeX will be liable for a failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic or international terrorism; civil riots or rebellions; quarantines, embargoes and other similar unusual governmental actions; pandemics, epidemics, local disease outbreaks, public health emergencies; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the reasonable control of HomeX, occurs without the fault or negligence of HomeX, is not caused directly or indirectly by HomeX and could not have been prevented or avoided by the reasonable diligence of HomeX.