Terms & Conditions

This Agreement is entered into by you the purchaser and Home Solutionz LLC, a limited liability company organized under the laws of the state of Arizona and d/b/a “Home Solutionz” and “Home Solutionz” (“Company”) and (”You”).

Agreement to Perform Work and Supply Materials. We shall fully perform the work and supply the materials described in the scope of work, and pursuant to the sales invoice provided to You, all architectural drawings and plans, engineering specifications, any other construction documents and all addenda provided to the Company by You prior to commencement of the work (“Work”), to be performed at the address listed on your Sales Invoice. All Work shall be performed and all materials supplied in conformity with the terms of this Agreement and strictly according to the Scope of Work contained in Sales Invoice and the construction documents provided to You.

Term for Commencement and Completion: The Company will commence Work on the date that Home Solutionz scheduler agrees with customer

Contract Sum, Materials & Automatic Billing: You agree to pay to the Company the following amounts at the following points of construction. The total price for all Materials and labor for the completion of the Work exclusive of sales order. The total Price shall be paid in phases. Initial deposit of all projects then final payment based on the completion of separate categories of Carpet, Laminate, LVT, LVP, VCT, Hardwood, Sand & Finish, Tile, Showers, Paint, Granite, ETC. Once category is complete. You will be auto billed to your credit card. If you are an HSS / Floor & Decor Customer they will collect deposit and final payments. If job is finished except for transitions or minor details that are on back order, etc. customer agrees to pay balance. Once product comes in “company” will come complete job. If “company” did not sell product to customer and the customer is short product the customer will pay final balance and company will come back when product gets in with an additional $150 service fee. You acknowledge and agree that we will automatically charge whatever form of payment you have given once your project is finished, unless you have made other terms with us. YOU AGREE THAT YOUR EXECUTION OF THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC BILLING BY US AS STATED HEREIN. By providing your credit card or debit card information (or any other billing information), You hereby authorize us to charge all fees and any other amounts due under this Agreement according to the terms of this Agreement.

Measurements Disclaimer: If one our sales representatives incorrectly measures any item and we don’t order enough product to properly repair that item(s), You agree to pay for any missing materials that we have to subsequently order to complete the repair properly, notwithstanding any previous quote or estimate we may have provided to You before such error and that You, regardless on whether You have relied upon the same.

Collections: You agree to pay all amount(s) owed when such amount(s) are due under these terms. You agree that interest will accrue on all paste amounts at the rate of 18% per annum (1.5% per month) until paid in full. In the event any amount(s) is/are referred to a third party debt collection agency, You agree that in addition to any other amount(s) allowed for by law, (such as interest, court costs, reasonable attorney’s fees, etc.) You will also be responsible for a collection fee of up to 40% of the principal amount(s) owing. The terms of this paragraph shall apply to all amount(s) incurred by You or by any individual for whom You have legal responsibility whether such amount(s) are incurred today or after today.

Late / Charge-back Fees; Attorneys’ Fees: For any amount (a) not paid to the Company when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘charge-back’), then in each case, the Company reserves the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that You owe to the Company, whether incurred before or after civil litigation is commenced.

Change Orders: Any extra work which is requested by the Company shall be performed only after “Change Orders” are agreed to and signed by both the Company and You. A Change Order may increase or decrease the price to be paid for completion of the Work, provided more or less time is needed to complete the Work or more or less materials are needed to complete the Work. When any Change Order increases the total Price of the Work to be paid by You, then such in case stemming from only added labor hours shall be paid by You on an hourly basis at the rate agreed to by the Company and You in writing, which will be done before the Company proceeds to perform any work the subject of any Change Order.

Inspections and Building Permits: You are responsible to pay exclusively for the cost of obtaining any permits, inspections and any required local, state or federal fees imposed directly or indirectly for the performance of the Work.

Limitations of Liability: You agree that our officer, members, managers, affiliates, agents, attorneys, successors, and / or assigns (as applicable) shall not be liable for any special, consequential, incidental or any other indirect damages including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any other damages arising out of or relating to this agreement or the work. you agree that the company’s liability shall in all cases be limited to the price paid by you for the services performed by us the subject of the work in which any such damage or loss has occurred. We shall not be liable to you as stated herein regardless of the cause of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortuous conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not the company has been advised of the same. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims.

Indemnification: You covenant and agrees that you will indemnify, defend, protect and hold harmless the Company and any of its officers, directors, shareholders, members, managers or agents from and against all claims, damages, liabilities, costs or expenses incurred by it/them as a result of or arising from: (a) any breach or non-fulfillment of any covenant or obligation on the part of You under this Agreement; and (b) any and all liability, damages, claims arising or incurred by the Company arising from this Agreement or the transactions contemplated herein due to any act or omission by you.

Arbitration: You agree to give up your rights to bring any claims relating to this agreement and / or your use of this website including the right to a jury trial and / or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and resolve all disputes or claims exclusively by arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision here-under, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement. Any arbitration proceeding shall be exclusively brought and heard in Mesa, Arizona. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.

Venue/Choice of Law: This Agreement shall be enforced, governed by and construed in accordance with the laws of the state of Arizona. The parties hereto mutually covenant and agree that any and all suits, claims, causes of action, interpretation of damages and any other judicial proceedings which may arise out of the performance of and/or enforcement of this agreement shall be instituted and maintained exclusively in any state or federal court situated in Mesa, Arizona. All parties hereto hereby agree, consent and submit to the personal jurisdiction of such court(s).

No partnership or Employment Relationship: Nothing in this Agreement shall be construed as establishing a partnership between the parties nor shall this Agreement prevent either party from participating in the same or similar activities as those the subject of this Agreement, either on behalf of himself or itself or any other party.

Counterparts: This Agreement may be executed in two or more counterparts, each of which, if bearing the signature of all parties, shall be deemed an original, or any two or more of which containing in the aggregate the signatures of all parties shall together constitute but one and the same instrument which shall be deemed an original. Any signature evidenced by facsimile or electronic transmission shall have the same force and effect as an original ink signature.

Waiver: The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

Prior Dealings: No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.

Survival: Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.

Sever-ability in Event of Partial Invalidity: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforce ability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be sever-able, and the validity, legality, or enforce ability of any provision of this Agreement shall not affect the validity, legality, or enforce ability of the remainder of the Agreement

Force Majeure: We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services, inability to obtain raw materials, supplies, or power used in or equipment needed to otherwise fulfill our obligations to You under this Agreement.

Assignment: This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

Authority: If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.

Entire Contract / No Prior Representations / Amendment: This is the entire Agreement between the Company and You. There is no representation, past or present, by contractor or any other person acting for You, which does not appear herein. You or Company may not amend this Agreement except by a written Change Order or written amendment executed by both parties

TERMS OF SALE

BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON OR CHECK BOX) OR BY PURCHASING ANY PRODUCT OR SERVICE SOLD BY HOME SOLUTIONZ OR ON WWW.HOMESOLUTIONZ.COM (“WEBSITE”) YOU (“YOU”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH APPLY TO ALL PURCHASES YOU MAKE THROUGH HOME SOLUTIONZ. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT WITH HOME SOLUTIONZ, LLC, A ARIZONA LIMITED LIABILITY COMPANY (“US” OR “WE” OR “COMPANY”). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THE TERMS HEREOF.

Sale Authorization And Payment Terms

By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website or Contract at the time of purchase for all goods or services You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.

Pricing Policy

We are not responsible for pricing, typographical, or other errors in any price stated on our Contracts/Website. We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on Home Solutionz Contract/Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Contract/Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If a product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.

COLLECTIONS

By submitting my electronic signature by clicking on the I accept button, I agree to pay all amount(s) owed within 30 days of when such amount(s) are incurred. I agree that interest will accrue on all paste amounts at the rate of 18% per annum (1.5% per month) until paid in full. In the event any amount(s) is/are referred to a third party debt collection agency, I agree that in addition to any other amount(s) allowed for by law, (such as interest, court costs, reasonable attorney’s fees, etc.) I will also be responsible for a collection fee of up to 40% of the principal amount(s) owing as allowed by Arizona Law. The terms of this paragraph shall apply to all amount(s) incurred by me or by any individual for whom I have legal responsibility whether such amount(s) are incurred today or after today.

Late/Chargeback Fees; Attorneys’ Fees

For any amount (a) not paid to the us when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) we are later required to reimburse the issuer (each, a ‘chargeback’), then in each case, we reserve the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by us in collecting any amounts that You owe to us, whether incurred before or after civil litigation is commenced.

Product Availability

All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to: i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If any item you’ve ordered is unavailable as a result of a miscalculation in our available inventory, you will be notified as soon as possible after you have placed your order and your purchase will be promptly refunded to you, as your sole remedy in such instances. We reserve the right to limit, terminate or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy.

Accuracy of Materials

We make every effort to describe and display our products accurately on the Contract/Website. However, a small number of the items may be mis-priced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout this Website or other delays beyond our control. ACCORDINGLY, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS CONTRACT/WEBSITE RELATING TO PRODUCT PRICES, EXACT PRODUCT FUNCTIONALITY OR PURPOSE OF USE, COLORS, SHAPES OR SIZES AS DEPICTED ON HOME SOLUTIONZ CONTRACT/WEBSITE OR REGARDING PRODUCT AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.

Title to Products And Risk of Loss

Title to any products and risk of loss or damage to the products during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any product(s) You purchase.

SHIPPING POLICY

Item must be in stock. Pre-order items will ship on or about their expected ship date.

Delivering Your Package

We process, ship, and deliver packages Monday through Friday. At this time, we do not offer shipping or delivery on Saturday, Sunday, or holidays. Your order may be delayed if your shipping address is different from your billing address (we use this additional time to help ensure the security of your credit information). Shipping and handling costs may vary depending on the rates offered by our shipping carriers and the promotions we may run. If you have any questions or concerns regarding the shipment of your products please contact us at billing@homesolutionz.com

If Overnight or Expedited Shipping Services are needed it is important to contact us ASAP and also provide your phone number so that we may contact you with details or options. During normal business hours (8:30AM-5:30PM EDT) you may call us at 480-463-4517.

Shipping Times

UPS Ground, UPS Air (2nd Day Air, Next Day Air), and LTL freight orders placed by 12:00 pm EST will ship out same day. If the order was placed after 12:00 pm EST, we cannot guarantee the order will ship out same day. Orders placed after 2:00 pm EST on Fridays will not be processed until Monday morning. If an order needs immediate shipment, please contact our call center at 480-463-4517. Orders shipped within 24 hours. Same day shipping if order is placed by 12:00 pm EST

Shipping Cutoff Times

UPS Ground, UPS Air (2nd Day Air, Next Day Air), and LTL freight orders placed by 12:00 pm EST will ship out same day. If the order was placed after 12:00 pm EST, we cannot guarantee the order will ship out same day. If cutoff time is missed, please call our customer care team at 480-463-4517.

Shipping Method

You may select your own shipping method for most products. However, certain items such as merchandise only eligible to be shipped via LTL carriers require that our shipping partner(s) select the shipping method. If a product is not eligible for the shipping you have requested, you will be contacted by a customer service representative to offer shipping alternatives.

Shipping Options

Standard UPS

Standard UPS Shipping averages 3 to 7 days. Processing time varies by product.

UPS 2-Day Air

2-Day Air delivery arrives by the end of business the second day. Processing time varies by product.

UPS Next Day Air

Next Day Air Shipping arrives by end of the next business day. Processing time varies by product.

LTL Truck Shipping (By Appointment)

LTL shipment includes freight line delivery to receiving area/dock for businesses or curbside for residential orders. The carrier will contact you to make a delivery appointment with a 4 hour window once the items have arrived at the local hub in your area. Delivery appointments are required. Deliveries to residential addresses require selecting ‘Residential’ in shipment method screen to include residential and liftgate delivery fees. Not making this selection for deliveries to a residential address will delay delivery and you may incur additional fees.

We only ship to the contiguous 48 states. We ship online orders to Alaska, Hawaii, international, or APO/FPO/DPO locations but you will need to call our customer service team at 480-463-4517 to determine exact shipping costs.

Expedited shipping is available on those products that can be air shipped in accordance with UPS shipping requirements and Federal regulations. Products exceeding the weight/girth measurements and products falling under the hazardous materials (hazmat) guidelines for dangerous chemicals cannot be expedited. LTL products cannot be expedited.

Shipping Confirmation Emails

We will send you a shipping confirmation email when all or part of your order is shipped that will include the tracking number. You will be sent a shipping confirmation email with a tracking number for every shipment. You can also check the status of your order anytime by logging in to My Account and going to My Orders.

-Tracking Your Order

There are three easy steps to track your order:

  1. Click on the Order Tracking link in the footer of each page. You will need your order number, billing last name and billing zip code;
  2. Log in to My Account and go to the My Orders section;
  3. Choose which order you’d like to view and you will have an option to track the order.

You will receive a shipping confirmation email when all or part of your order is shipped. The email will include the UPS tracking number.

Taxes And Other Charges

Unless otherwise indicated, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of any product(s) from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same, unless You provide us with a valid and correct tax exemption certificate applicable to your purchase. We do our best to accurately calculate duties, taxes and fees when we add these charges to your order at checkout. In some cases, however, these charges may be too low or too high. We make no guarantee as to the accuracy of these charges and we will not provide any refunds for over-charging.

RETURN & REFUND POLICY

Unless noted otherwise in the product description, items we sell are covered under our 3 day return policy as follows: You may return any unused product purchased on this Website within 3 days from the date of purchase, provided the returned product(s) is undamaged and is in its complete and original condition (including all documentation, media or all other separate items or components included in the original shipment). Any items You return cannot show signs of wear and/or installation or otherwise any use, or no refund will be provided whatsoever. We will refund the purchase price of the returned product upon receipt of your return shipment, less all shipping and handling charges You have paid, which are non-refundable, and we will charge a 20% restocking fee for general returns, which will be deducted from the refund amount to cover fees and possible shipping costs charged to us relating to the return. Returns for special order items are subject to these return guidelines as well as restocking fees specific to the manufacturer. All returns must be shipped (postmarked) to us no later than 15 days after any request for return is approved by us. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging. Please login to your account, then please click ‘View Order’ under the Order Detail & Tracking tab, then click ‘Return Request’ next to the item you wish to send back. Check the box next to the item and choose the reason for the return. After you hit next you will then be able to print a prepaid return shipping label to use to ship the items back to us.

However, if any items (or components or accessories of any items) You receive are missing, incorrect, damaged, or “breaks” upon your installation and use of the same due to the part being inherently defective, upon our receipt and inspection of the returned product from You, which must be done within the 3 day refund period, we will then promptly send You any missing or replacement item(s) or component(s) at our sole cost, or we reserve the right to instead refund the total purchase price to You with no restocking fee deduction or other offset, including refunding Your shipping and handling costs, which such option shall be determined by us in our sole discretion. We will provide You with a return shipping label for your return shipment of any damaged product or any incomplete product which must be returned to us. You agree that our correction of the same or our refund of the purchase price and shipping and handling costs shall be your sole remedy in the event You receive any missing, damaged, incorrect or defective items from us.

An “inherently defective” product is any product that has a defect that hinders its usability for the purpose for which it was designed and manufactured.

You are responsible for all risk of loss for any returned products. We shall not be responsible for any returned products that are lost or damaged during the return shipment. Shipping confirmation should be used with the return shipment. We should be contacted during normal business hours for return approval.

Please be aware that due to the nature of clearance sales, these items are not eligible return unless defective.

Returns for special order items are subject to the return guidelines and restocking fees specific to the manufacturer. Please call 480-463-4517 to secure a Return Good Authorization (“RGA”) before returning product.

Return Steps

Follow the steps below to ensure a successful return. All general returns are subject to a restocking fee unless the item is defective. Restocking fee details listed below.

  1. Call

Set up a return by calling 480-463-4517. A customer service representative will provide you with an RGA when you call.

Please provide the following:

  1.  Company name
  2. Customer #
  3. PO #
  4. Invoice #
  5. Items being returned
  6. Prepare

Prepare your package for shipping. Make sure items are well packed. A customer service representative will provide you with the return address.

  1. Drop-off

Drop off your package at any UPS drop-off location or, if the item must ship LTL, schedule a pick-up appointment with the carrier indicated on your return.

CANCELLATION POLICY

No cancellations of any existing orders shall be permitted under any circumstances unless the product(s) has not been processed and shipped yet. If you need to cancel an order, please contact our call center at 480-463-4517.  A customer service representative can try to cancel an order; however, there is no guarantee that an order can be cancelled once the order is placed.

 

EXCHANGE POLICY

If you want to exchange the product you ordered, you must request this exchange and complete your replacement order in writing within 3 days of purchase. The purchase price of the original item minus a 20% restocking fee, less any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your membership account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 3 days of purchase, the full original purchase price (in each case less any money paid to government entities or other third parties) will be credited to the original form of payment. If you paid for your original order by check, we will mail a check for the applicable amount to your billing address.

Changes To Existing Orders

Modifications to any existing orders will be permitted provided any items associated with the order have not yet been processed and shipped. In the case of any requests for product additions, such additions shall be subject to product availability and may not be able to be shipped within the same time-frame as your original order in some cases. Any product additions will be shipped within the time-frame stated on this Website applicable to all shipments, measured from the date You make any modification request. If your order has been processed, you may need to place a new order with the changes and return or refuse delivery on the original order.

Additional Agreements

We may provide warranty repair and product discount membership services through this Website under the terms of a separate agreement with You (hereinafter referred to as an “Other Agreement”). The terms and conditions governing your purchase and use of specific services offered by us are contained exclusively in such Other Agreements. This Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.

Product Use

You may only use any products You purchase from us for your own internal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Our Intellectual Property

All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.

Intellectual Property Disclaimer

Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.

WARRANTY DISCLAIMER

SOME MANUFACTURER PRODUCT WARRANTIES APPLY TO ANY PRODUCTS YOU PURCHASE FROM US THROUGH THIS WEBSITE. OTHER THAN AS MAY BE EXPRESSLY STATED ON OUR WEBSITE, ALL PRODUCTS ARE PROVIDED BY US “AS IS” AND “WITH ALL FAULTS” AND YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF ANY PRODUCT(S) PURCHASED BY YOU. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF ANY PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.

LIMITATION OF LIABILITY

YOU AGREE THAT HOME SOLUTIONZ, LLC OR ANY OF OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSOR’S AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM HOME SOLUTIONZ INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.

Exceptions to Disclaimers And Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.

Privacy Policy Consent

By entering into this Agreement, you agree to our collection, use, and disclosure of your personal information in accordance with the Privacy and Communications Policy contained on this Website. This includes certain personal identifying information and billing/shipping information you provide during the registration and/or check-out process.

Information Security Policy

We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.

Miscellaneous:

  1. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any product sold by us and supersedes any prior communications, representations or agreements of the parties, except any terms contained in the Website Terms of Use, our Privacy and Communications Policy or any Other Agreement which may relate to your purchase or licensing of any product from us, and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.
  2. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
  3. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
  4. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THIS WEBSITE IN GENERAL INCLUDING THE RIGHT TO A JURY OR BENCH TRIAL AND/OR TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION OTHER THAN ANY DISPUTES OR CLAIMS RELATED TO THE PROTECTION OF ANY INTELLECTUAL PROPERTY RIGHTS. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.

Any arbitration proceeding shall be exclusively brought and heard in Phoenix, Arizona. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.

  1. Venue/Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a federal or state Court situated in Phoenix, Arizona, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the state of Arizona, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
  2. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
  3. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
  4. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
  5. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
  6. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties respective successors and permitted assigns.
  7. No Employment, Joint Venture or Partnership Relationship. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing your Computer Systems and Devices covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control.

WEBSITE TERMS OF USE

YOU (“YOU”) AGREE THAT BY USING WWW.HOMESOLUTIONZ.COM (“WEBSITE”), SUCH USE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”). THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ALL CONTENT CONTAINED ON THIS WEBSITE MADE AVAILABLE BY HOME SOLUTIONZ, LLC, A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OF ARIZONA, U.S.A., ITS SUCCESSORS AND ASSIGNS (“WE” OR “US”).

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND THESE TERMS AND CONDITIONS AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. OUR PRIVACY POLICY AND ANY OTHER SEPARATE POLICY, LEGAL NOTICE OR DISCLAIMER APPEARING ON THIS WEBSITE IS HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

Prohibited Access for Persons Under the Age of 18.

IF YOU ARE UNDER THE AGE OF 18, YOU ARE RESTRICTED FROM USING ANY PORTION OF THIS WEBSITE AND YOU MUST EXIT THIS WEBSITE IMMEDIATELY. If you are a parent/guardian, please see our Privacy Policy for important information related to how we collect and use information from our website visitors and customers.

Modification

We may, in our sole and absolute discretion, change the terms contained in this Agreement from time to time. We will post notice of any such changes on the Website prominently and/or notify all registered users the next time they log-on after the any changes are effective. Notwithstanding, You agree to periodically visit these terms of use to determine the then current terms and conditions applicable to your use of this Website and all Materials. If you object to any such changes made by us, your sole recourse shall be to cease using this Website. If you continue to use this Website after notice has been posted regarding any changes, You agree this shall indicate your acceptance of all such amendments.

Limited License to Use this Website

You are granted a single, non-exclusive and revocable license to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively referred to as “Materials”). You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges.

General Website Use Restrictions

As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not to use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.

Compliance with Applicable Laws

We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Our Intellectual Property

All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.

Our External Links Policy

We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.

Additional Agreements

We provide our Membership Services through this Website under our separate Terms of Service (“Other Agreement”). The terms and conditions governing your purchase and use of our Services are contained exclusively in the Other Agreement and this Agreement shall not be deemed or construed to alter the terms of the Other Agreement.

Registration And Termination of Access

When you sign up for to use our services, we require that you register and create an account in order to access and use the restricted portions of our Website. Once you register and create your user account, it is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. You agree to provide truthful, accurate, current, and complete information and to update such information for the duration of your use of this Website. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account information, including your log-on information. You are expressly prohibited from sub-licensing, transferring, selling or assigning any rights of use and/or access of your account to any third party and you represent and warrant to us that You shall not allow the same.

You agree that You shall be the only user of the account and will not allow others to use or access restricted portions of this Website, if any, using your account information. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties. Any theft or other breach of the security of your account information must be promptly addressed by You once You become aware of the same and You agree to change your account information or cancel your account. We reserve the right to require You to change your password if we believe that your password is not secure. We may terminate, suspend, or modify your account and access to all or part of this Website, with or without notice, at any time and for any reason in our sole discretion. You may discontinue your registration and/or use and access to the Website at any time. If You breach any of the terms of this Agreement, all rights to access and use this Website or any portion thereof or any of the Materials shall be immediately terminated with or without notice to You. Additionally, if You breach any of these terms, You must immediately destroy any downloaded or printed Materials (and any copies thereof). When you register and create a user account on this Website, we may collect certain personally identifiable information about You including, but not limited to, your email address. How we use this information is controlled by our Privacy and Communications Policy contained on this Website.

Trademarks And Service Marks Notice

All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.

DMCA and Trademark/Service Mark Policy

If any such content uploaded by any of our clients using our services infringes upon any third-party intellectual property rights, we will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Please see our DMCA Policy on this Website for more details and how to notify us of any alleged infringing materials appearing on this Website.

Intellectual Property Disclaimer

Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.

External links Disclaimer

This Website may contain links to third party web sites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.

WARRANTY DISCLAIMER

USE AND ACCESS OF THIS WEBSITE AND OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED “AS IS” AND “WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THIS WEBSITE OR OF ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.

LIMITATIONS ON LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORSEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.

Exceptions to Disclaimers And Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Indemnification by You

You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.

 

Testimonials And Endorsements

Some individuals who provide any endorsements or testimonials appearing on this website periodically may receive certain consideration by us, including coupons, free merchandise, cash or other gifts in exchange for the effort and time of providing an endorsement. However, we do not intend nor have we attempted to induce any type of positive review from any endorser that is not reflective of his or her true opinions and beliefs about our services being endorsed. We have only provided such consideration strictly in exchange for the endorsers’ time and efforts. Additionally, we expressly require that anyone who provides a positive review about any of our products or services does so in good faith and based upon his/her honest experiences and beliefs. We do not independently verify, nor do we ask for proof of verification, of any claims made by any of our endorsers.

Privacy And Communications Policy Consent

By using this Website, You consent to our use of any personal information provided by You through your use of this Website pursuant to the terms contained in our Privacy and Communications Policy. You also acknowledge that You have read and understand these terms before You submit any personal information on this Website for any reason.

Anti-Spam Policy

We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. $ 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have registered to this Website or subscribed to receive any materials from us and provided your email, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. We do not consider such communications to be unsolicited SPAM. You will always have an option to opt-out of receiving any such communications from us. Please see our Privacy and Communications Policy for more information on how we use any information we collect from You.

No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision. If You would like to contact us for any other reason relating to this policy, including making any complaints regarding any emails sent to You, please contact us at billing@homesolutionz.com. If you would like to opt-out of marketing or promotional emails, please either click “unsubscribe” in the body of the email communication, or send an email to billing@homesolutionz.com to be removed.

Miscellaneous:

  1. Severability

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

  1. Entire Agreement

Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement.

  1. Arbitration

YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THIS WEBSITE IN GENERAL INCLUDING THE RIGHT TO A JURY OR BENCH TRIAL AND/OR TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION OTHER THAN ANY DISPUTES OR CLAIMS RELATED TO THE PROTECTION OF ANY INTELLECTUAL PROPERTY RIGHTS. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.

Any arbitration proceeding shall be exclusively brought and heard in Phoenix, Arizona. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.

  1. Venue/Choice of Law

Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a federal or state court situated in Phoenix, Arizona, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of Arizona without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

  1. Waiver

The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.

  1. Termination of Website Services

We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.

  1. Headings/Construction

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.

  1. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.

  1. I. Notice

Except as explicitly stated otherwise, any notice to us shall be given by email to: billing@homesolutionz.com. Any notice to you shall be sent to the email address that you provide to us during the registration process. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. You may also send notices to us by certified mail, postage prepaid and return receipt requested, to the following address: 3125 S 52nd Street, Tempe, AZ 85282. Alternatively, either party may give notice by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received.