Terms and Conditions
USE AGREEMENT FOR THE HOME IMPROVEMENT SITE CREATED BY HOME PAINTER, LLC (the “HP Site Agreement”)
HELLO from Home Painter, LLC, its subsidiaries and affiliates, usually referred to in this HP Site Agreement as “HP” “us” “our” “we” or “Company.” You are usually referred to as ‘You’ or ‘Your’ or ‘User’ and, as the “Customer” (when the User is a Customer) and as the “Contractor” (when the User is a home improvement contractor).
We are the creator and operator of the website located at www.thehomepainter.com. This is a mobile and web-based Site designed to assist a Customer and a Contractor in the formation of an agreement between two of them for doing a home improvement project (e.g., room painting, house painting, deck staining, etc.) The Site itself, together with its various functions, applications, features and services will be referred to collectively as the “HP Site” or the “Site.”
With the HP Site, a registered User, in other words, either the Customer or the Contractor, can use the Site to:
For a Customer ---
to request bid proposals from local Contractors interested in bidding on a proposed home improvement project (the “Project”);
For a Contractor ---
to review the Project and offer a bid proposal to the Customer for the Project.
This HP Site Agreement governs and controls the legal relationship, rights and obligations between You, as a User, and us regarding Your access to and use of the HP Site. The Site and this HP Site Agreement also provides a way for a Customer and a Contactor to come to terms and form a binding written agreement between the two of them for the doing of a home improvement project.
THIS HP SITE AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH IN SECTION 13.
In order to proceed with Your use of the HP Site You must agree to be legally bound to this HP Site Agreement. By clicking box that says,
In addition, when using the HP Site You shall be subject to any posted guidelines or rules applicable to the Site and its use, which may be posted and/or modified from time to time. All such guidelines or rules are hereby incorporated by reference into this HP Site Agreement.
2. Changes to the HP Site and Site Agreement
The various functions, applications, features and services provided through this HP Site may be changed or removed, in whole or in part, for any reason in our discretion and without prior notice to You. We reserve the right to discontinue the Site at any time without notice and without any obligation to You or to provide You with access to Your Project Profile or Your Contractor Profile.
Also, we may change this HP Site Agreement from time to time by providing You access to the newly revised version thereof with its new effective date. If we do so, we will send You notice of the newly revised version by email or other electronic means. In response, if You so choose, You will be permitted a reasonable opportunity to discontinue Your use of the HP Site and terminate this Agreement. You are solely responsible for regularly reviewing the Site and this HP Site Agreement available on the Site so that You will be apprised of the newest revised version. You further agree that notice by email or text to the email address or mobile phone associated with Your Profile sent no less than 20 days prior to the effective date of the newly revised HP Site Agreement will constitute reasonable prior notice to You of the proposed changes or revisions. Your continued use of the Site after having been afforded such reasonable prior notice constitutes Your continued and renewed acceptance of this HP Site Agreement as newly revised.
Be aware that You have no vested rights in the HP Site, a Project Profile or a Contractor Profile, provided however, that any Project Contract entered into by a Customer and a Contractor through this Site shall remain in full force and effect without modification and notwithstanding any subsequent change to this Site or any subsequent change to this HP Site Agreement.
3. Eligibility, Registration, User ID, and Passwords
You must register through the HP Site in order to access and use the Site. You must not register if You are under 18 years of age and any person under the age of 18 years is strictly prohibited from doing so. As part of this registration process, You will create:
For a Customer ---
an account with a Project Profile (as described below) and select a User ID and password.
For a Contractor ---
an account with a Contractor Profile (as described in below) and select a User ID and password.
All of the following apply to both a Project Profile and a Contractor Profile (collectively “Your Profile” or “Profile”):
- All information (e.g., Customer and Contractor information; information and description regarding the proposed Project; a Contractor’s proposed Price Bid) that You, either the Customer or the Contractor, provide through the Site must be true, accurate, and complete in all respects;
- You promise to keep all information You furnish updated so that is remains true, accurate and complete at all times;
- You are solely responsible for any and all use of Your Profile and for the confidentiality and security of Your Profile User ID and password and login information. You must notify us immediately of any actual or suspected breach of security or unauthorized use of Your Profile User ID and/or password. Should You forget Your password, upon request, an email or text to a mobile number containing a temporary password will be forwarded to the email address or mobile number associated with Your Profile;
- Your Profile must truthfully identify (a) You as the real person who You are and (b) a real and genuine Project. You may not impersonate another individual when registering or otherwise use a pre-existing account, User ID, or password of any other person at any time. We may refuse Your registration and/or block Your access to the Site, with no obligation to You, if You impersonate someone else, or violate this provision at any time; and
- We reserve the right to refuse the registration of any User for any reason without notice or explanation.
You agree to release, indemnify, defend and hold us, and our employees, members, owners, and officers and agents (collectively “Staff and Owners”) harmless for any claim or loss arising out of Your failure to comply with this Section 3.
4. Authorization to Use the Site
Subject to Your compliance with this HP Site Agreement, and upon our acceptance of Your registration, we grant You a limited, terminable, revocable, non-transferable, non-exclusive, non-assignable, and non-sub-licensable permission to access and use the HP Site. You are strictly prohibited from decompiling, reverse-engineering, disassembling, or otherwise reducing the code used in any software related to the Site, its various functions, applications, features and services, into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software and such conduct may subject You to criminal and civil penalties and damages.
5. Use of the Site and Formation of a Project Contract
After You are a registered User, You then are permitted access to the Site; You can create a Profile and You can use the Site as intended. The Site allows a Customer and a Contractor to form a binding written Project Contract for the doing of a Project. The following provisions govern Your use of the Site for this purpose:
For the Customer--all the following apply:
- You may submit content and information about Your Project through the Site, including photos, text, and other information, that is referred to in this Site Agreement as the “Scope of Work” for the Project;
- The Scope of Work that You submit is accessible to and can be viewed by all Contractors who are registered Users on the Site;
- By making a Scope of Work submission You are deemed to have requested Contractors (who are registered Users on the Site) to offer You a bid (the “Price Bid”) to do the Project per the Scope of Work that You have submitted;
- You are free to accept or reject a Contractor’s offered Price Bid;
- Your acceptance of a Price Bid as offered by a Contractor is sometimes referred to as the “Booking.” “Booking” means that (a) You select “Hire Contractor” to place the selected Contractor and Price Bid in Your cart, (b) You select “Check Out” on the payment page and then pay the Deposit amount and service fee set forth in Section 8. When You complete the Booking in this manner, You are deemed to have accepted the selected Price Bid and consented to, and be legally bound by, a Project Contract with the selected Contractor that is formed by the Scope of Work submission, the Contractor’s Price Bid, and the General Terms of Conditions in Section 6;
- The Project Contract, as formed, is deemed to be a written agreement between You and the Contractor for the doing of the Project;
- If more than one Contractor submits a Price Bid in response to the Scope of Work submission, then You may choose which Contractor’s Price Bid, if any, You choose to accept and complete a Booking; and
- Your Payment for the work performed, as required by Project Contract, will be governed by Section 8.
For a Contractor--all the following apply:
- You may review the Scope of Work as submitted by a Customer and offer a Price Bid to the Customer for doing the Project. You are solely responsible for reviewing and evaluating what is required by the Scope of Work submission. You are solely responsible in determining what Price Bid, if any, You will offer in response to the Scope of Work submission for the Project;
- If You make and offer a Price Bid to the Customer, and if Customer accepts the Bid by completing the Booking process, then You are deemed to be legally bound by, and to have consented to, a Project Contract with the Customer that is formed by the Scope of Work submission, the Contractor’s Price Bid, and the General Terms of Conditions in Section 6;
- The Project Contract, as formed, is deemed to be a written agreement between You and the Customer for the doing of the Project; and
- Your receipt of Payment for the doing of the Project, as required by Project Contract, will be governed by Section 8.
For both the Customer and the Contractor the following provision applies:
- A Customer and/or a Contractor using this Site represent and warrant to us that such User is fully authorized to post or submit content and information through the Site as requested and intended; that such posted or submitted content or information does not violate or infringe on any privacy rights, publicity rights, copyrights, contract rights, patent, trademark, trade secret, proprietary rights, intellectual property rights or other rights or interests of any other person or entity whatsoever. Each User represents and warrants that he or she owns or otherwise lawfully controls all of the rights to the content and information that the User submits or posts; that the content and information is accurate; that use of the content and information as intend by this Site will not cause injury to any person or entity; and that each User shall indemnify and hold us, and our Staff and Owners, harmless from all claims, losses and liabilities resulting from content and information that is submitted, supplied or posted through the Site.
6. Project General Terms and Conditions
All of the following “General Terms and Conditions” are included as part of the Project Contract between the Customer and the Contractor (the Customer and Contractor are sometimes referred to as the Parties or Party as the context suggests):
- to provide the Contractor necessary access and work space to complete the work for the Project; and
- to accept and abide by the Payment terms as provided in Section 8;
- to furnish the labor, materials and supplies necessary to do the Project for the Price Bid in accordance with specifications of the Scope of Work submission for the Project and in compliance with the provisions of this Section 6;
- to do all work for the Project in a workmanlike manner in all respects;
- to complete the Project in a timely fashion;
- to comply with all applicable laws, ordinances, rules, regulations and permits as required by or related to the Project;
- to clean up after the completion of the Project and remove all refuse and leave the premises in as good as condition as existed at the start of the Project;
- to not assign the Project Contract to another person or company to do the work; or to subcontract the work to another person or company whatsoever; all work must be done by the Contractor and/or the Contractor’s employees; and
- to accept and abide by the Payment terms as provided in Section 8;
Both the Customer and the Contractor agree ---
- that if the Project is unable to be completed in a timely manner as expected because of reasons that were not caused by either party, or because of events beyond the control of either party (such as fire, flood, acts of nature, bad weather, sickness, etc.) neither party shall be deemed to have breached the Project Contract and the time to complete the Project will be extended by such additional time as may be reasonably necessary under the circumstances;
- that the following cancellation terms apply to the Project and Project Contract:
- Either Party may cancel at any time within 48 hours of Booking with no further obligation; in such case the Customer will receive a full refund of the Deposit and the $50.00 service fee and without further obligation by either Party;
- Customer may cancel after the 48 hours period; in such case the Customer will receive a 50% refund of the Deposit and no refund of the $50.00 service fee --with no further obligation. The Contractor must reimburse us 50% of the Deposit (to be charged and collected through the Contractor’s Stripe account);
- Contractor may cancel at any time after the 48 hours period with no further obligation; in such case the Customer will receive a full refund of the Deposit and the $50.00 service fee -- with no further obligation. The Contractor must reimburse us the Deposit, the $50.00 service fee, and pay us a service fee of $100.00 and Stripe’s processing fees and our handling fees (all to be charged and collected through the Contractor’s Stripe account);
- Neither Party may cancel within 48 hours of the Project start date; and
- Notice of cancellation shall be provided by either Party to the other Party though the Site as provided by the applicable cancellation feature.
- each Party is solely responsible for the interactions with the other; any dispute between the Parties shall be resolved through mediation; and if not successfully mediated, then either Party may pursue a small claims action or such other available legal remedies against the other Party in a court of competent jurisdiction; and
- the Project Contract shall be construed according to the laws of the State of Iowa in the same manner as a contract made between Iowa residents that is performed in Iowa.
7. Our Responsibility Related to the Project and the Project Contract
The Customer and the Contractor agree to, and represent to us, all of the following:
- Except as limited by the Payment Processing Terms in Section 8 ---
- neither us, nor our Staff and Owners, have any liability or obligation whatsoever regarding the Project, the Scope of Work submission, the Price Bid, the Project Contract, the Project materials, or the performance of the work for doing the Project or otherwise; and
- neither us, nor our Staff and Owners, have any liability or obligation whatsoever regarding the acts or omissions of the Customer and/or the Contractor, and their respective employees and agents, in connection with the Project, the Scope of Work submission, the Price Bid, the Project Contract, the Project materials, or the performance of the work for doing the Project, or otherwise;
- both the Customer and the Contractor, jointly and severally, agree to release, defend, indemnify and hold us, and our Staff and Owners, harmless from and against any and all claims, liabilities, injuries, losses, damages, actions, judgments, costs, expenses, and attorney fees, arising from or in any way connected with: (a) the Project, the Scope of Work submission, the Price Bid, the Project Contract, the Project materials, or the performance of the work for doing the Project or otherwise; and/or (b) the acts or omissions of the Customer and/or the Contractor, and their respective employees and agents, in connection with the Project, the Price Bid, the Project Contract, the Project materials, or the performance of the work for doing the Project, or otherwise; and/or (c) the Customer and/or the Contractor’s use of and reliance on the Site and/or its various functions, applications, features and services;
- we have no obligation to resolve any dispute arising between the Customer and the Contractor; the resolution of any dispute between the Customer and the Contractor shall be the sole responsibility of two of them;
- under no circumstances do we have any obligation to remedy or be liable for any default, conduct, wrongdoing, or failed performance (a) by a Contractor, or its employees or agents, causing injury or loss to a Customer or others, and (b) by a Customer, or its agents, causing injury or loss to a Contractor or others, including nonpayment of the Price Bid;
- under no circumstances do we make any promise or representation or guarantee that a Customer will receive any Price Bid from any Contractor for the Project; You, as a Customer, understand that it is the sole decision of a Contractor (over whom we have no control) to determine whether or not to offer a Price Bid for a Project;
- under no circumstances do we make any promise or representation or guarantee that a Price Bid will be accepted by a Customer; You, as a Contractor, understand that it is the sole decision of a Customer (over whom we have no control) to determine whether or not to accept a Contractor’s Price Bid by completing the Booking process;
8. Payment Processing Terms.
The payment processing provider we use is Stripe (https://stripe.com/). Each Customer and Contractor will be required to register, provide a valid credit card number, and create an account with Stripe as the payment processing provider for the all payments due to us or due upon the Booking and completion of the Project and Project Contract.
The Customer agrees and authorizes us to charge the Customer’s credit card (furnished through the Stripe payment system) for the following amounts:
- when the Customer completes a Booking, the Customer will be charged a service fee of $50.00 by us, plus a Deposit of 10% of the Price Bid amount; and
- when the Project is completed (the Contractor marks the Project as completed on the Site and we confirm with the Customer) then the balance of the Price Bid amount will be charged to, and collected from, the Customer’s Stripe account.
The Contractor agrees and authorizes us to use the Stripe payment system to transfer to the Contactor’s account the amounts collected from the Customer Stripe account in the following events:
- when the Customer completes a Booking, then within 2 business days the Deposit amount will be transferred to the Contractor’s Stripe account, less our service fee of 15% of the Deposit;
- when the Project is completed (the Contractor marks the Project as completed on the Site and we confirm with the Customer) then within 2 business days the balance of the Price Bid collected from the Customer will be transferred to the Contractor’s Stripe account, less our service fee of 15% of the balance; and
- Notwithstanding the foregoing, the Contractor understands and agrees that we have NO obligation to transfer or pay any amount to the Contractor or to the Contractor’s Stripe account, whatsoever, unless and until the full Deposit and the full balance amount, respectively, have been unconditionally collected from the Customer’s Stripe account and are readily available to be transferred without restriction.
9. Term of the HP Site Agreement and Discontinuance
This HP Site Agreement will remain in full force and effect while You use the Site and are a registered User in good standing. You may terminate this Site Agreement and discontinue Your use of the Site at any time and for any reason or no reason, without prior notice, by emailing us notice of Your termination and discontinuance at the following email address:
We reserve the right to terminate this Site Agreement and discontinue Your use of the Site for violating this Agreement and for any other reason in our sole discretion. Unless the circumstances call for an immediate cancellation, we will afford You the courtesy of 10 days prior notice of cancellation to be sent by email or text to the email address or mobile number associated with Your Profile. You agree that upon discontinuance we may entirely delete Your account, Your Profile, and all posted content and information and prevent You from any further access thereto. We can do so without providing You with copy of, or an opportunity to copy, such content or other materials thereon. You agree to release, indemnify, defend and hold us and our Staff and Owners harmless from liability for all personal injuries, damages, and losses caused to You or others arising from our actions so taken respecting them termination of this Site Agreement and the discontinuance of Your use of the Site.
Even after termination of this Site Agreement and the discontinuance of Your use of the Site, certain sections of this Site Agreement will remain in full force and effect. Our disclaimer of warranties and liabilities, our limitations of liabilities, Your indemnities and releases, the arbitration provisions, and all other rights and obligations which by their nature continue beyond termination, shall continue to be enforceable by You and us for the longest period of time permitted by law.
10. Communications with Home Painter
You consent to receive communications from us electronically by emails and by text to the email address or mobile number associated with Your Profile. You agree that all such statements, agreements, notices, disclosures, and other communications are deemed to satisfy any legal requirement that such communications be in writing.
11. Disclaimer of Warranties and Liability
THE HP SITE AND ALL SERVICES, FEATURES AND FUNCTIONS USED BY YOU OR AVAILABLE TO YOU ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTIES OR REPRESENTATIONS WHATSOEVER. TO BE CLEAR--WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY AND COMMON LAW WARRANTIES WITH REGARD TO THE HP SITE AND ALL SERVICES, FEATURES AND FUNCTIONS USED BY YOU OR OFFERED TO YOU BY US, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS.
WE ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR:
THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, USEFULNESS OR FUNCTIONALITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SITE, THE FUNCTIONALITY OF THE SITE, OR THE AVAILABILITY OF THE SITE;
ANY UNAUTHORIZED OR IMPROPER ACCESS TO OR USE OF OUR SECURE SERVERS AND FOR ANY UNAUTHORIZED OR IMPROPER ACCESS TO OR USE OF YOUR PERSONAL IDENTIFYING INFORMATION STORED THEREIN;
THE CORRECTNESS OR ACCURACY OF ANY CONTENT OR INFORMATON POSTED OR SUBMITTED BY USERS OR OTHER PERSONS AND THE CONDUCT OF ANY USERS OR OTHER PERSONS, WHETHER THE CONDUCT IS ONLINE OR OFF LINE;
THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MATERIALS, CONTENT, COMMUNICATIONS OR YOUR SETTINGS; AND ANY INJURIES, LOSSES OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, ARISING FROM OR CONNECTED WITH (A) THE USE OF THE SITE, (B) ANY CONTENT SUBMITTED OR POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO USERS OR OTHER PERSONS, AND (C) ANY INTERACTIONS OR CONDUCT BETWEEN OR AMONG HOMEOWNERS AND CONTRACTORS OR OTHER PERSONS, WHETHER ONLINE, OFFLINE OR BY
OTHER MEANS INCLUDING PERSONAL CONTACT.
TO BE CLEAR--YOU ARE SOLELY RESPONSIBLE FOR ALL INJURIES, DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Use at Your Own Risk – Dollar Cap on Recovery
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
We are not responsible for any problems or failure of any internet service providers, servers, computer systems and equipment, or software, that interrupt, delay or interfere with Your use of the Site. We are not responsible for any problems due to technical deficiencies or traffic congestion on the Internet or at the Site or combination thereof. We are not responsible for any injury or damage to any computers, cell phones or other devices belonging to You or any other person arising from or in connection with the use of the Site.
Under no circumstances will we, or our Staff and Owners, be liable to You or another person for any indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, revenue, production, goodwill, data, or business interruption losses or other tangible or intangible losses of every kind) whether based in contract, tort, strict liability, statutes, common law or otherwise, arising out of or in connection with use of, or the interruption, suspension, or termination of the use of the Site, whether or not we have been advised of the possibility of such damages or losses.
If You are dissatisfied with the Site, or any part thereof, Your sole and exclusive remedy is to discontinue use of the Site and terminate this Site Agreement.
Some jurisdictions do not allow or restrict the exclusion of damage recoveries--so the above limitations and exclusions may apply to You only to the extent permitted under applicable law of Your jurisdiction. But under no circumstances shall we, or our Staff and Owners, be liable to You for any amount of damages or costs, of any kind, exceeding the total sum fifty dollars ($50.00).
13. Dispute Resolution by Arbitration
All disputes between You and us and our Staff and Owners, (including without limitation any dispute arising from this HP Site Agreement or from the conduct of any person) shall first be addressed through informal, direct discussions and/or mediation. IF THE DISPUTE CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS AND/OR MEDIATION, THEN YOU AND US AGREE TO SUBMIT THE DISPUTE TO MANDATORY BINDING ARBITRATION, RATHER THAN GOING TO COURT.
In arbitration, there is no judge or jury and court review of an arbitration award is limited. An arbitrator can, however, award--on an individual basis--the same damages and relief as a court. The arbitrator must follow the terms of this HP Site Agreement as a court would. The arbitrator may, or may not, award reasonable attorney fees to the prevailing party on grounds of fairness and equity as may be admitted by the circumstances and as provided by the arbitration rules.
You have the choice of whether the arbitration will be under the rules and procedures and be administered by the American Arbitration Association (“AAA”) or by the Judicial Arbitration and Mediation Service (“JAMS”).
You and us agree that the arbitrator has the exclusive authority to resolve all disputes, including what matters are or are not arbitrable (e.g., fraud; incapacity; duty; performance; damages; contract formation; enforceability, validity, void or voidable; construction and interpretation; etc.) without the involvement of any federal, state or local court or agency.
We and You are responsible for paying our respective filing, administrative, and arbitrator fees in accordance with the rules of the arbitration service, provided that if the arbitrator determines that You cannot afford the filing fees and costs of the arbitration, then we shall pay all costs and filing fees associated with the arbitration proceeding. Each party shall bear the expense of their respective attorney fees unless determined otherwise by the arbitrator.
The arbitration will take place in Des Moines, Iowa unless by means phone conference, Skype or other means as determined by the arbitrator or as agreed by You and us.
YOU AGREE THAT THE ARBITRATION ADJUDICATION OF YOUR CLAIM WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THEN YOU AND US EACH WAIVE ANY RIGHT TO A JURY TRIAL AND THE ADJUDICATION OF YOUR CLAIM WILL BE SOLELY BY A JUDGE ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
YOU AGREE THAT ANY CLAIM YOU HAVE MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES OTHERWISE SUCH CLAIM SHALL BE PERMANENTLY BARRED AND UNENFORCEABLE.
In the event this Arbitration provision is deemed invalid or unenforceable with respect to a particular claim or dispute, neither You nor we shall be entitled to arbitration of such claim or dispute and instead the claim or dispute shall be resolved through court proceedings and You and us hereby irrevocably consent to and submit to the personal jurisdiction and venue of the state and federal courts located in Des Moines, Polk County, Iowa, for such purpose.
14. Injunctive Relief and Action to Compel or Enforce Arbitration.
Notwithstanding Section 13, both You and us have the right to seek court ordered injunctive relief to stop or prevent an infringement or threatened infringement of intellectual or proprietary property rights. You and us hereby irrevocably consent to and submit to the personal jurisdiction and venue of the state and federal courts located in Des Moines, Polk County, Iowa, for such purpose and for the purpose to compel arbitration or to enforce an arbitration award made under Section 13.
15.1 Entire Agreement
This HP Site Agreement constitutes the entire agreement between You and us regarding the Site and the subject matter hereof. This HP Site Agreement supersedes and replaces all prior versions of the same or contemporaneous understandings, whether written or oral, regarding such subject matter.
15.2 Applicable Law
Except for the arbitration of disputes under Section 13, which is governed by the Federal Arbitration Act, this HP Site Agreement are governed by and construed in accordance with the laws of the State of Iowa as such laws are applied to agreements entered into and performed entirely within the State of Iowa between Iowa residents.
We may provide You with notices regarding the Site or this HP Site Agreement by email or text to the email address or mobile number associated with Your Profile on the Site.
15.4 No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and us whatsoever.
15.5 Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding Your use of the Site. You are responsible for complying with local laws, if and to the extent, local laws are applicable.
This HP Site Agreement operates to the fullest extent permissible by applicable law. If any provision of this HP Site Agreement shall be held by an arbitrator or a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement to the extent they are unlawful, void, or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of this HP Site Agreement.
15.7 Assignment by You
You shall not assign or transfer to another person or entity this HP Site Agreement, Your User ID, Your password, Your Profile, or any other rights (or delegate any obligations) hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation in violation of this provision will be null and void and of no force or effect.
15.8 Assignment by Home Painter, LLC
We reserve the right, without Your consent, to freely assign or transfer this HP Site Agreement, the HP Site, Your Profile, Your registration and account, Your Stripe account, and all related data thereto, as part of the reorganization of, or the sale or merger of the Company to or with another person or entity, or for the purpose of collateralizing debt.
15.9 Force Majeure
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, diseases, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.11 No Third-Party Beneficiaries
This HP Site Agreement is intended for mutual benefit of You and us. Nothing express or implied herein, and nothing related to a Project Contract between the Customer and a Contractor, is intended to confer or create, nor be interpreted to confer or create, any rights, remedies, obligations or liabilities to or for any third‑party beneficiary, except with regard to the Payment Process Terms as provided in Section 8.
The section headings in this HP Site Agreement are for convenience only and have no legal or contractual effect.
15.13 Contacting Home Painter LLC
Should You wish to contact us about any matter You may contact us at: