TERMS AND CONDITIONS OF USE
Welcome to the Home Service Club’s (“HSC”) website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
- Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of hscwarranty.wpengine.com, and any other website owned, operated, or hosted by HSC (collectively the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by HSC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at hscwarranty.wpengine.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Ownership. All content included on this site is and shall continue to be the property of HSC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. This website is intended for adults only. This website is not intended for any children.
- Trademarks. Home Service Club, HSC and others are either trademarks or registered trademarks of HSC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Site Use. HSC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of HSC and HSC may terminate your use of this website at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold HSC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. HSC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HSC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Applicable Law. You agree that the laws of the state of New New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and HSC or its affiliates.
- Resolution of Disputes; Arbitration.
- This provision constitutes an agreement to arbitrate disputes on an individual basis. Any party may bring an individual action in small claims court instead of pursing arbitration. All disputes and claims arising out of or relating to your use of the Site or services offered by HSC must be resolved by binding arbitration. This agreement to arbitrate includes, but is not limited to, all disputes and claims between you and HSC. This agreement to arbitrate applies to you and HSC, and their respective parent and subsidiary companies, affiliates, agents, employees, predecessors and successors in interest, assigns, heirs, spouses, and children. As noted above, a party may elect to bring an individual action in small claims court instead of arbitration, so long as the dispute falls within the jurisdictional requirements of small claims court.
- Any arbitration must take place on an individual basis, and you agree that you are waiving any right to a jury trial and to bring or participate in a class, representative, or private attorney general action. You further agree that the arbitrator lacks the power to consider claims for injunctive or declaratory relief, or to grant relief affecting anyone other than the individual claimant.
- The arbitration is governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA.
- Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a claim shall not be subject to arbitration.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of HSC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by HSC must be in writing and signed by an authorized representative of HSC.
- Termination. HSC may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Home Service Club
305 Broadway, 7th Floor
New York, NY 10007