Terms of Service

1.1 — Access and Use as Acceptance

Please read the Terms of Service carefully before you start to use the Website. YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU) AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ANY OF THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION OR CONTENT CONTAINED ON THE WEBSITE.

1.2 — Age Restrictions

The Website is intended for use only by users who are at least 13 years of age or otherwise of legal age to form a binding contract with Homeownerclaimsupport.com. If you are not of an appropriate age, you must not access or use the Website.

1.3 — Binding Arbitration

THE TERMS OF SERVICE REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF SERVICE, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

4.1 — Ownership

The Website (including without limitation all messages, information, data, software, text, displays, images and designs thereof or other content ("Materials")) is owned by Homeownerclaimsupport.com, its licensors or other providers of such material and are protected by United States and international intellectual property and proprietary rights laws and treaties, including patent, copyright, trade secret, trademark laws.

4.2 — Limited License

Subject to your full compliance with these Terms of Service (including Sections 4.3 and 5), we hereby grant you a limited, nonexclusive, nontransferable, nonsublicensable, and revocable license to access and make personal (non-commercial) use of the Website. Additionally, you may download information from the Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice contained in the information.

4.3 — License Restrictions

Except as explicitly set forth herein, you may not download (other than automatic page caching and temporary RAM copies incidental to your accessing and viewing the Website), modify, publicly display, download, store or transmit the Website or any portion of, or materials on, it. For the avoidance of doubt, you may not reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit the Website for any commercial purpose.

4.4 — Attribution and Ownership

Homeowner Claim Support's and Provider's names, logos, designs and slogans are the trademarks and service marks of Homeownerclaimsupport.com and Provider, as applicable, or their affiliates or licensors. You must not use such marks without the permission of Homeownerclaimsupport.com or Provider, as applicable. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. Except as otherwise expressly stated, all Materials appearing on the Website are the copyrighted work of Homeownerclaimsupport.com, Provider, or their users or third party content suppliers and are protected by U.S. and international copyright laws and treaties.

5.1 — Prohibited Access and Interference

You shall not:

• Use the Website in any manner that could damage, disable, overburden, or impair any server or the Website, or the network(s) connected to any server or the Website.
• Attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means.
• Attempt to access systems, data or information not intended by Homeownerclaimsupport.com to be made accessible to a user.
• Use the Website to obtain or attempt to obtain any materials or information through any means not intentionally made available by Homeownerclaimsupport.com.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems.
• Use any robot, spider, scraper, crawler, robot or other automated or manual means to access the Website, or copy any content or information on the Website.
• Otherwise attempt to interfere with the proper working of the Website.

5.2 — Other Prohibited Activities

You must not:

• Use the Website for any unlawful, unauthorized, fraudulent, illegal or malicious purpose.
• Upload or transmit any Material that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy, publicity, confidentiality or intellectual property rights.
• Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Homeownerclaimsupport.com or Provider representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships.
• Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
• Use the Website's communication features in a manner that adversely affects the availability of its resources to other users.
• Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise.
• Upload files that contain or otherwise introduce viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
• Delete or revise any Material posted by any other person or entity unless such Material is incorrect and you are permitted to delete or revise it.
• Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website.
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so.
• Use the Website to harvest or otherwise collect information about others, including without limitation e-mail addresses.

Homeownerclaimsupport.com reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Homeownerclaimsupport.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

12.1

Homeownerclaimsupport.com does not guarantee that your service or product needs will be matched with a Provider or that there are Providers in your area who are able or willing to complete your needs. Homeownerclaimsupport.com makes no representations or guarantees regarding the skills, quality or pricing of any Providers. Homeownerclaimsupport.com does not endorse or recommend any particular Provider and it is entirely your decision whether to enter into an agreement with a Provider. Homeownerclaimsupport.com does not warrant Provider performance or guarantee the outcome or quality of the service performed or product acquired. Your rights under the contracts you enter into with the Providers are governed by the terms of such contracts and by applicable laws. Homeownerclaimsupport.com is not a party to any agreements between or among users, Providers, or third parties. Should you have a dispute with any Provider, you must address such dispute with the Provider directly.

12.2

Homeownerclaimsupport.com does not review or verify the information or representations set forth by a Provider in its profiles and bids. Homeownerclaimsupport.com does not make any representations or warranties that the Provider is appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at any time. Homeownerclaimsupport.com does not represent or warrant that information received from state or other government agencies or from third-party sources is accurate, error free or up to date.

17.1

ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT'S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

17.2

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in New York, NY or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

17.3

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

17.4

Notwithstanding anything to the contrary, you and Homeownerclaimsupport.com may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 17.

17.5

If Homeownerclaimsupport.com implements any material change to this Section 17, such change shall not apply to any claim for which you provided written notice to Homeownerclaimsupport.com before the implementation of the change.

18.1 — Entire Agreement

These Terms of Service, the Privacy Policy, and other policies Homeownerclaimsupport.com may post on the Website constitute the entire agreement between Homeownerclaimsupport.com and you in connection with your use of the Website and supersedes any prior agreements between Homeownerclaimsupport.com and you regarding use of the Website, including prior versions of these Terms of Service (except with respect to changes to Sections 11, 13 or 18.2).

18.2 — Governing Law; Jurisdiction; Venue

The Terms of Service are governed by the laws of the State of New York, USA and controlling United States Federal law without regard to any conflicts of law provisions.

18.3 — Severability of Provisions

All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

18.4 — No Agency Relationship

Neither these Terms of Service, nor materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

18.5 — Remedies

You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.