Last updated: October 9, 2020
By clicking "I Agree" you are entering into a legal agreement with HOMEE, Inc. a Delaware corporation ("HOMEE," the "Company," or "us"). The agreement is between HOMEE and you ("you," "your," or "Home Service Provider"), an independent provider of home repair or home improvement services. Please review these terms and conditions carefully. If You do not agree fully to all of these terms and conditions, do not click "I Agree."
HOMEE is engaged in the business of providing lead generation to the Home Service Provider comprised of requests for plumbing, electrical, HVAC and handyman services, with others to be added, ("Home Services") made by individuals using HOMEE's mobile application ("Users"). Through the license of its Apps and website (jointly "Software"), HOMEE provides a platform for Users to connect with independent home service providers such as You.
HOMEE does not provide Home Services and is not a Home Services provider. In fact, the Company neither owns, leases nor operates any business providing Home Services. The Company's business is limited to providing Home Service Providers with access to the lead generation service provided by the Software ("Company Services"), for which the Company charges a fee.
You are an independent Home Services provider who offers Home Services, which business you are authorized to conduct in the state(s) in which you operate. If You are not authorized to conduct business in the state(s) in which you operate, You may not use the Company Services.
By agreeing to this Agreement, you are representing that You possess the skills and tools to perform the Home Services contemplated by this Agreement, and that You desire to enter into this Agreement as a Home Service Provider for the purpose of receiving the Company Services from the Company.
In consideration of the above representations and the mutual covenants set forth below, and for other good and valuable consideration, the Company and You (collectively "Parties") agree as follows:
IMPORTANT: PLEASE NOTE THAT TO USE THE COMPANY SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW AND OTHERWISE IN THE AGREEMENT. IN PARTICULAR, PLEASE REVIEW THE ARBITRATION PROVISIONS SET FORTH BELOW CAREFULLY, AS THEY WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
Subject to the terms and conditions contain herein, this Agreement shall give you the right to accept requests to perform on-demand Home Services ("Requests") provided to you via the App, for which you shall be paid a Service Fee (as described more fully below). Each Request that you accept shall constitute a separate contractual engagement.
The Company will offer the Company Services to you during those times you choose to be available to receive the Requests. You shall have no obligation to use the Company Services at any specific time or for any specific duration. You shall have complete discretion to determine when you will be available to receive the Requests. If, however, you agree to be available to receive the Requests, you shall be obligated to abide by the terms of this Agreement.
You shall be entitled to accept, reject, and select among the Requests received through the Company Services. You shall have no obligation to the Company to accept any Request. Following acceptance of a Request, however, you must perform the Request in accordance with the User's specifications. Failure to provide promised services on an accepted Request shall constitute a material breach of this Agreement, and may subject you to damages.
Nothing in this Agreement shall be construed as a guarantee that you shall be offered any particular number of Requests during any particular time period.
You agree to perform all accepted Requests fully and in accordance with the job parameters and other specifications established by the User. Full performance of a Request shall typically include, but is not limited to:
The Company shall have no right to require you to display HOMEE's name, logo or colors on your vehicle(s) or to require that you wear a uniform or any other clothing displaying HOMEE's name, logo or colors.
The Company shall have no right to, and shall not, control the manner or prescribe the method you use to perform accepted Requests, subject to the terms of this Agreement. You shall be solely responsible for determining the most effective, efficient and safe manner to perform the Home Services relating to each Request, subject to the terms of this Agreement and the applicable User specifications. The Parties acknowledge that any provisions of this Agreement reserving certain authority in the Company have been inserted solely to achieve compliance with federal, state, or local laws, rules, and interpretations thereof.
You represent that you are an independent contractor engaged in the independent business of providing the Home Services described in this Agreement and further represent that, as of the date of execution of this Agreement, you currently possess a valid professional license and any other required licenses ("Service Licenses") to provide the Home Servicers that are the subject of any Request which you accept. It is your responsibility to know the license and permit requirements for each state and locality in which you accept a Request, and by accepting a Request you represent that you are properly licensed to perform the Home Services related to the Request by each applicable state and locality. You further acknowledge and represent that your participation as a Home Service Provider and use of the App is in compliance with any requirements or restrictions of any Service License you possess, and You agree that the Company shall have no liability to you, and you shall have no claim against the Company, in the event that any aspect of your participation as a Home Service Provider results in any discipline, sanction, penalty, fine or forfeiture of any such Service Licenses. You shall provide the Company with a current list of all Service Licenses held by you as well as all other relevant work licenses, registrations and permits, including proof of the minimum insurance requirements set forth herein prior to entering into this Agreement and accepting any Request.
The Company shall, upon request, be entitled to review such Licenses and other work licenses, registrations and permits and all insurance certificates (along with all endorsements) from time to time; provided, however, receipt and review by the Company of any copies of Service Licenses, insurance policies, insurance certificates, endorsements or other relevant work licenses, registrations and permits, or failure the to request evidence of the same, shall not relieve you of your obligations to comply with these requirements. Failure to maintain current Service Licenses, other work licenses, registrations and permits, or other legal prerequisites, or failure to comply with any other provision of this paragraph, shall constitute a material breach of this Agreement.
In accepting this Agreement, you certify that the equipment you use in performing the Home Services or any other services pursuant to this Agreement satisfies all industry and regulatory standards and qualifications. You acknowledge and agree that the Company may release your contact or insurance information to a User upon that User's request.
The Parties recognize that both you and the Company are, or may be, engaged in similar agreements with others. Nothing in this Agreement shall preclude the Company from doing business with other independent Home Services providers, nor preclude you from entering into contracts similar to this Agreement with other lead generation providers. The Company neither has nor reserves the right to restrict you from performing other Home Services for any company, business or individual, or from being engaged in any other occupation or business. However, during the time you are actively signed into the App, you shall perform Home Service services only for Requests received by you through the App. Additionally, during the time you are actively signed into the App, you shall not display on your vehicle or clothing any removable insignia provided by third-party Home Service providers, other lead generation providers, or similar. You understand that you shall not during the term of this Agreement use your relationship with the Company (or the information gained therefrom) to divert or attempt to divert any business from the Company to a company that provides lead generation services in competition with the Company.
You agree to faithfully and diligently devote your best efforts, skills and abilities to comply with the job parameters and User specifications relating to any Request accepted by You.
You have complete discretion to operate your independent business in good faith including providing Home Services separate from those obtained using the Company Services. Access to the Company Services may be suspended or revoked, however, if the Company believes that you unlawfully, unfairly or in bad faith disparage the Company.
You agree that you shall provide and maintain your own tools to complete all Requests.
Subject only to requirements imposed by law, Request parameters, User specifications, and/or as otherwise set forth in this Agreement, you shall direct in all aspects the operation of the equipment used in the performance of this Agreement and shall exercise full discretion and judgment as an independent business in determining the means and methods of performance under this Agreement.
Except as specifically set forth in this Agreement, you are solely responsible for all costs and expenses incident to your personnel and equipment in performing services under this Agreement, including, but not limited to, replacement tools, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by you or your employees, agents, or subcontractors in the performance of this Agreement.
At the time that we offer you an opportunity to accept a Request, we also will provide you with the service fee payable for your performance of the services that are the subject of the Request ("Service Fee"). There will be no fixed service fee schedule for calculating the Service Fee. Instead, the Service Fee will be calculated on a Request by Request basis in accordance with our proprietary formula which takes in to account, among other things, the location where the services are to be performed, the years of service of the Home Service Provider, the licensure requirements to provide the requested services, the time of day that such services are requested to be provided, and other factors relevant to the pricing of the requested services.
In exchange for accepting and fully, timely and properly performing on a Request, you shall receive the Service Fee for your completion of that Request. You will be required to acknowledge that the applicable Service Fee for the Request was provided to you in advance of your acceptance of the Request.
Regardless of the Service Fee set for any Request, you shall always have the right to refuse any Request without penalty.
You acknowledge that there is no tipping for any Home Services that you provide pursuant to the receipt of a Request. You understand and agree that, for the mutual benefit of the Parties, the Company may endeavor to attract new Users to the Company Services and the App, and to increase existing Users' use of the Company Services and the App, through advertising and marketing to the effect that tipping is "voluntary," "not required," and/or "included" in the Service Fee paid by the User. You understand that the aim of advertising and marketing to the effect that there is no need to tip is ultimately to increase the number of Requests Home Services providers like You receive through the Company Services and the App. You agree that the existence of any such advertising or marketing does not entitle you to any payment beyond the payment of Service Fees as provided in this Agreement.
The Company shall electronically remit payment of Service Fees to you, after deduction of the HOMEE Fee as described below, consistent with Company's practices.
In the event the User cancels a Request after you arrive at the designated Home location or does not show after you have waited at least 10 minutes, the User is subject to a cancellation fee. The amount of the cancellation fee will be equal to your Service Fee for one hour of work. Notwithstanding the foregoing, you acknowledge and agree that, in the Company's sole discretion, a User's cancellation fee may be waived, in which case you will have no entitlement to any portion of such fee.
You acknowledge that the Company desires to provide Users with the opportunity to connect with Home Service Providers who maintain the highest standards of professionalism. For quality assurance purposes, the Company has access to HOMEE's star rating system designed to determine the level of service provided by the Home Service Providers contracting with the Company through User feedback. In a sense, the star rating is similar to a Yelp® or Zagat® rating, as it is based on a continuously growing collection of star reviews submitted by Users. The Company uses the rating system to determine the quality of Home Service Providers to whom to forward Requests. Home Service Providers with low ratings may be limited in their right to accept Requests. Ratings and any comments or reviews associated with them are entirely at the discretion of the Users. HOMEE is not responsible for any rating or review and will have no obligation to You to change any rating or review with which you disagree. If you disagree with a rating or review, your sole remedy is to refrain from any further use of the Company Services.
The Company holds a professional workers insurance policy with $2 million of general aggregate liability coverage, as defined in the relevant policy. Subject to its specific terms and conditions, this policy is intended to cover your liability to third parties, on an excess basis, from the time you accept a Request through the App until the completion of the Request. This insurance is over and above your own professional insurance and will only be accessible after your own professional insurance coverage is exhausted.
As an express condition of doing business with the Company, and in order to get to each Request and at your sole expense, you agree to maintain current during the life of this Agreement, you shall secure, pay for, and provide, at your sole and exclusive cost and expense, the following insurance coverages with limits sufficient to adequately protect yourself against risk of loss assumed in this Agreement: commercial general liability insurance (with products-completed operations coverage); workers' compensation/employer's liability insurance (in accordance with requirements of applicable law); and automobile liability insurance (as to ownership, maintenance, and use, including loading and unloading, of all owned, non-owned, leased or hired vehicles). The commercial general liability and automobile liability insurance coverages shall be written on an occurrence based form and shall name the Company as an additional insured on ISO Additional Insured Endorsement Forms acceptable to the Company. The required insurance will be primary and not seek contribution from any insurance or self-insurance maintained by the Company. An original certificate of insurance in a form acceptable to the Company shall be delivered to the Company, along with all appropriate endorsements reflecting the required coverage, before using the Company Services and the App to accept Home Service requests. In the event your insurance policy(ies) provide greater coverage and/or greater limits than the minimum requirements set forth herein, then the Company shall be entitled to the full coverage and limits of such policy(ies), and these insurance requirements will be deemed to require such greater coverage and/or greater limits. The required insurance, whether by endorsement or otherwise, shall contain a provision affording thirty (30) days prior written notice to the Company by certified mail in the event of cancellation, reduction of limits, or non-renewal of coverage. Upon demand by the Company, you shall deliver to the Company certified true and correct copies of any and all insurance policies required to be maintained by you hereunder. The acceptance by the Company of any certificate of insurance or copy of any policy evidencing the insurance coverages and limits required hereunder does not constitute approval or agreement by the Company that the insurance requirements have been met or that the insurance policies provided or shown on the certificates of insurance are in compliance with the requirements hereof.
The following are the minimum requirements for your commercial general liability insurance policy(ies):
$2,000,000 - General Aggregate
$2,000,000 - Products and Completed Operations Aggregate
$1,000,000 - Personal & Advertising Injury
$1,000,000 - Each Occurrence
$50,000 - Damage to Premises Rented to You
$1,000 - Medical Expenses
You shall furnish at your own discretion, selection, and expense any personnel required or incidental to the performance of the Home Services contemplated by the performance of this Agreement. You shall be solely responsible for the direction and control of your employees, agents and subcontractors, if any, including their selection, hiring, firing, supervision, assignment, and direction, the setting of wages, hours and working conditions, and addressing their grievances. You shall determine the method, means and manner of the performance of the work of your employees, agents and subcontractors. You are responsible for complying with all state and local Service License requirements applicable to the use of employees, agents or subcontractors in the provision of Home Services subject to any Request accepted by You.
You assume full and sole responsibility for the payment of all wages, benefits and expenses of your employees, agents, or subcontractors, if any, and for all state and federal income tax withholdings, unemployment insurance, and social security taxes as to you and all persons employed by you in the performance of services under this Agreement, and you shall be responsible for meeting and fulfilling the requirements of all regulations now or hereafter prescribed by law. The Company shall not be responsible for the wages, benefits or expenses due your employees, agents, or subcontractors nor for income tax withholding, social security, unemployment, or other payroll taxes of your employees, agents, or subcontractors.
The Company shall neither have nor exercise disciplinary authority or control over you, your employees, agents, or subcontractors, shall have no authority to supervise or direct your employees, agents, or subcontractors, and shall have no authority or right to select, approve, hire, fire or discipline any of your employees, agents, or subcontractors.
You shall not allow any other person, including any employee, agent, or subcontractor, to access the Company Services to accept Home Service requests using the Home Servicer ID (defined below). You acknowledge and agree that this Agreement only enables You, not any other person, to access the Company Services and the App, and to use the Home Servicer ID to receive requests for Home Service services.
The Company is not authorized to withhold state or federal income taxes, social security taxes, unemployment insurance taxes, or any other local, state or federal tax on behalf of you or your employees, agents, or subcontractors. If mandated by a court of law with proper authority and jurisdiction, the Company shall comply with the terms of a garnishment order, as required by law. The Company will comply with any and all applicable requirements of local, state, or federal law to report payments the Company makes to independent contractors. You will be notified of any such reports made by the Company regarding your services to the extent required by applicable law.
You agree to comply with all federal, state and local laws regulating drug and alcohol use and testing. Failure to satisfy all such requirements shall constitute a material breach of this Agreement. You acknowledge that if You or any person under your direction or control tests positive for drugs and/or alcohol, You may not thereafter operate equipment or accept Requests under this Agreement until first satisfying all requirements of federal, state and local law.
The Company will also issue identification and password keys (each, a "Home Servicer ID") to the Home Service Provider to enable You to access the Company Service and App. You will ensure the security and confidentiality of each Home Servicer ID. ONLY YOU may use the Home Servicer ID. Sharing your Home Servicer ID with someone else constitutes a material breach of this Agreement. Allowing someone else to use the App to accept requests for Home Service services constitutes a material breach of this Agreement. The Company will have the right, at all times and in the Company's sole discretion, to prohibit or otherwise restrict you or anyone else from accessing the Company Services for any reason.
The Company's approval and authorization of a Home Services provider may be conditioned upon terms and conditions including, without limitation, a requirement that such Home Services provider, at his own cost and expense, undergo the Company's screening process and attend the Company's informational session regarding the use of HOMEE's mobile application. The Company reserves the right to withhold or revoke its approval and authorization of any Home Servicer at any time, in its sole and unreviewable discretion.
The Parties understand that in order to perform the services contemplated by this Agreement, it may be necessary for the Parties to exchange certain confidential and proprietary information regarding their operations, Users, and other sensitive details that the Parties consider confidential. This confidential and proprietary information ("Confidential Information") includes, but is not limited to, the following:
Except upon order of government authority having jurisdiction, or upon appropriate legal process, or upon written consent by the other Party, the Company and You covenant and agree that they will not disclose to third parties or use for their own benefit or the benefit of any third party, any Confidential Information entrusted by the other Party or Users in connection with the performance of services pursuant to this Agreement.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Company Services or the App, or any intellectual property rights owned or licensed by the Company. The Company name, the Company logo, and the product names associated with the Company Services and the App are trademarks of the Company or third parties, and no right or license is granted to use them.
By entering into this Agreement, You agree to defend, indemnify, protect and hold harmless the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, from any and all claims, demands, damages, suits, losses, liabilities, expenses (including reasonable attorneys' fees and costs), and causes of action arising directly or indirectly from out of or in connection with (a) Your actions (or omissions) arising from the performance of services under this Agreement, including personal injury or death to any person (including you and/or your employees and/or subcontractors or agents); (b) liability for civil and/or criminal conduct (e.g., assault, battery, fraud); (c) any liability arising from your failure to comply with the terms of this Agreement, including with respect to payment of wages, benefits or expenses due your employees, agents, or subcontractors; (d) your use (or misuse) of the Company Services or the App; and (e) any claim brought against the Company alleging defective or improperly rendered Home Services. Nothing in this provision is intended to require you to indemnify, or hold any of the indemnified parties harmless for their own negligent acts or omissions. If any word, clause or provision of this indemnification provision is determined not to be in compliance with applicable laws, it shall be stricken and the remaining words, clauses and provisions shall remain in full force and effect. It is the intent of the parties that this indemnification provision comply fully with all applicable laws, in all respects. Furthermore, this indemnification obligation in addition to and not in lieu of common law indemnification to which any of the Indemnified parties are entitled.
You shall be liable to the User for all claims of damage and/or injury to any User sustained in connection with Home Services provided by You to the User. You agree to notify the Company of any damage or injury as soon as practicable after the damage or injury occurs. You understand that insurance may or may not provide coverage for damage or injury, or it may provide coverage for some, but not all, damage or injury.
You agree to cooperate fully with the User and/or the Company to resolve injury or damage claims as quickly as possible. You further acknowledge that, in the event of damage or an insurance claim, the Company may inform Your insurance provider, or the insurance provider of any other party involved, of the claim and provide information about your acceptance or performance of a Request at the time of the damage or incident underlying a claim.
You agree that, in the event the Company is held liable for any injury or damage to any person caused by You or your employees or subcontractors or agents, the Company shall have the right to recover such amount from You. Similarly, should the Company voluntarily elect to pay any amount owed to any person for damage or injury to that person caused by You or your employees or subcontractors or agents, or for which you are responsible and/or liable, the Company shall have the same right.
This Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The Parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The Parties are not employees, agents, joint venturers or partners of each other for any purpose.
As an independent contractor, you recognize that you are not entitled to unemployment benefits following termination of the Parties' relationship.
This Agreement shall remain in effect until terminated as follows:
Without limiting the generality of the provisions of this Agreement, among other things, the following acts or occurrences shall constitute a material breach of this Agreement:
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
For Home Service Providers, this Section replaces and supersedes the provisions of Section 18 of the App Terms and shall control.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse You from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.
Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.
The parties expressly agree that HOMEE is an intended third-party beneficiary of this Arbitration Provision.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply:
Claims for workers compensation, state disability insurance and unemployment insurance benefits;
Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration;
Disputes that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision;
Disputes regarding Your, the Company's, or HOMEE's intellectual property or Confidential Information rights;
This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
The Arbitrator shall be selected by mutual agreement of the Company and You. Unless You and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here:
The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided Home Service services under this Agreement, unless each party to the arbitration agrees in writing otherwise.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company or HOMEE shall be provided to Legal, HOMEE, Inc, 1413 S. Howard Ave., STE 220, Tampa FL 33606. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
You and the Company agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
While the Company will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, the Company shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.
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 (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, the Company will pay the Arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the Arbitrator's and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any Party will have the right to prepare, serve on the other Party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a Party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a Party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is accepted by you, electronic mail to firstname.lastname@example.org, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to:
1413 S. Howard Ave.,
Tampa, FL 33606
In order to be effective, the letter under option (2) must clearly indicate Your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is accepted by You. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Company. Should You not opt out of this Arbitration Provision within the 30-day period, You and the Company shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that You will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
The Company may give notice by means of a general notice to You through the App, electronic mail to Your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post tor overnight carrier to your principal place of business on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post or delivery) or 12 hours after sending (if sent by email or through the App). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following:
(a) letter sent by email to email@example.com; or
(b) letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following address: HOMEE, Inc, 1413 S. Howard Ave., STE 220, Tampa FL 33606 addressed to the attention of: Legal.
You may not assign this Agreement without the prior written approval of the Company. Any purported assignment in violation of this section shall be void. The Company shall have the right, without Your consent and in its sole discretion, to assign the Agreement or all or any of its obligations and rights hereunder provided that the assignee of the Company's obligations under such assignment is, in the Company's reasonable judgment, able to perform the Company's obligations under this Agreement.
Upon such assignment, the Company shall have no further liability to the Home Service Provider for the obligations assigned.
The Company reserves the right to alter, change, modify, add to, supplement or delete the terms and conditions of this Agreement at any time, effective with or without prior notice to you upon publishing a modified version of this Agreement, or upon publishing the supplemental terms to this Agreement, on the App or by email or on your online Partner Dashboard. You acknowledge and agree that it is your responsibility to review this Agreement (and the documents incorporated herein by reference) periodically and to be aware of any modifications.
You hereby expressly acknowledge and agree that, by using or receiving the Company Service, and downloading, installing or using the App, you and Company are bound by the then‐current version of this Agreement, including any modifications and supplements to this Agreement or documents incorporated herein. Continued use of the Company Service or the App after any modifications or supplements to the Agreement shall constitute your consent to such modifications and supplements.
If any future changes to this Agreement (or any of the documents incorporated herein by reference) are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Company Services and the App.
Except as otherwise explicitly set forth in this Agreement, if any provision of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, including any modifications and supplements to this Agreement and the documents incorporated herein, constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous negotiations, discussions, agreements, arrangements, offers, undertakings or statements, whether verbal, electronic, or in writing, regarding such subject matter. Except as explicitly set forth in this Agreement, nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third‐party beneficiary claims.
The interpretation of this Agreement shall be governed by Florida law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Company Service or the App that are not the subject of mandatory arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in the City and County of Tampa, Florida provided, however, that either Party may seek equitable relief to protect its intellectual property or Confidential Information in any court of competent jurisdiction. However, neither the choice of law provision regarding the interpretation of this Agreement nor the forum selection provision is intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Florida law to interpret this Agreement and the forum for disputes asserting a breach of this Agreement, and these provisions shall not be interpreted as generally extending Florida law to You if you do not otherwise operate your business in Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement.
With respect to any services to be provided by you that would be subject to the terms and conditions of Chapter 558, Florida Statutes, you and the Company agree to opt out of such provisions and agree that the requirements of Chapter 558, Florida Statutes shall not apply to any claim for legal relief by you or the Company.
By clicking the "I agree" button, You are expressly acknowledging that You have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that You are entering into a legally binding contract with the Company, that You are agreeing to be bound by all of 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, and that you are legally competent to enter into this Agreement with the Company. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE." If You do not agree to be bound by this Agreement, You will not have any right to use the Company Services or the App and the Company'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.