Terms of Service

Effective Date: July 11, 2023

1.Acceptance of Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service" or this "Agreement") carefully before accessing the websites located at www.HometeamHelps.com (the "Website" or “Site”) or using Hometeam Services, other related web-based applications, mobile applications and messaging Services (the “Service”), each operated by Hometeam Helps, Inc. (“Hometeam”, "us", "we", or "our"). This Agreement sets forth the legally binding terms governing access to and use of the Service and Site.

YOUR ("you", "your" or "User") ACCESS TO AND USE OF THE SERVICE AND SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. If you disagree with any part of the Terms, you do not have permission to access the Service or Site. This Agreement applies to all visitors, Users, and others who wish to access or use the Service or Site. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s lawful spouse, child, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. In addition, by accessing or using the Service and Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide by. In such a case, "you", "your" and "User" shall refer to that entity.

This Agreement can be found at https://hometeamhelps.com/terms-of-Service, and serves as a supplement to Hometeam’s other policies, including but not limited to its Privacy Policy. These Terms may be revised from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will apply to use of the Site and Service after that date. Each time you access or use the Site or Service, you signify your acceptance of the then-current Terms.

2. We Do Not Provide Medical Advice; Talk with your Doctor.

HOMETEAM DOES NOT DISPENSE MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE OR BECAUSE OF A SERVICE THAT YOU HAVE USED. THE INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE ARE FOR INFORMATIONAL AND CAREGIVER SUPPORT PURPOSES ONLY AND ARE NOT (AND SHOULD NOT BE USED AS) A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS.

Always seek the advice of a qualified medical provider with any questions you may have about your health and before undertaking or changing a course of medical treatment, accessing a health-related resource or program, or engaging in any tools or features available through the Services. Nothing on this Site or available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes, without limitation, psychiatry, psychology, medical, nursing, or professional healthcare advice or Services, or the practice of medicine, nursing, or professional healthcare, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. You should confirm all healthcare-related information with your healthcare professionals before making healthcare-related decisions.

No Physician-Patient Relationship is Established: No Endorsements. Your use of this Site and the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary or professional relationship, or any other special relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, healthcare providers, procedures, treatments or opinions, Service providers, or other information that may appear on the Site or through the Services. If you rely on any of the information provided by this Site or through the Services, or by Hometeam employees, or its guests or visitors, you do so solely at your own risk.

3. Your Representations

By using the Services, you represent and warrant that you are a resident of the United States if America (“U.S.”), you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms. Parts of the Services may be accessed only by completing an onboarding form and potentially creating a Username and password. You will keep your password secure. You are responsible for the activities on your account and your use of the Service. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.

4. Onboarding and Account Security

You may use the Site only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Site for their own personal, non-commercial use. To access certain features of the Service, you will have to complete an onboarding form by entering your name and certain other information collected by Hometeam (collectively, “Account Information”). It is important that you provide us with accurate and complete Account Information and update as needed. You are responsible for protecting your account, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account and if any information you provide relating to your account becomes inaccurate, incomplete or otherwise false or misleading. We will not be responsible for any loss or damage if you do not protect your account or your personal information.

5. Permitted Use of the Site and Services

You agree not to use the Services to:

  • Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;

  • Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party;

  • Upload, post, transmit, share, or otherwise make available any material that contains software viruses.

Without our prior written consent, you agree not to:

  • Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);

  • Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;

  • Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;

  • Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or

  • Access, use or monitor our Services for benchmarking or any direct competitive purposes.

6. Suspension and Termination Rights

Hometeam reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site or Service for any reason, including without limitation any breach by you of these Terms. You agree that Hometeam shall not be liable to you or any third party for any such suspension or termination.

7. Privacy Policy

Please review the Privacy Policy for the Site and Service at www.hometeamhelps.com/privacy-policy. If you do not agree with the Privacy Policy by clicking “I agree to Hometeam’s Terms of Use and Privacy Policy” at onboarding, you will not be able to access the Service. The Privacy Policy is part of these Terms of Use.

8. Fees and Automatic Payments

By accepting these Terms, you agree to pay all applicable fees due for your access to and any purchases made on or through the Services. Users, who access the Services separate from a Hometeam business client (in-home care agency, health plan, employer, or other entity), will pay the applicable monthly, recurring fee. The User hereby consents to Hometeam charging the payment method on file with Hometeam for the monthly recurring fee each month, unless such User provides Hometeam with at least thirty (30) days’ prior, written notice of its intent not to renew the Services. Further, the User consents to Hometeam’s collection of certain third party Service fees from the User, where the User has requested that Hometeam organize certain Third Party Services on the User’s behalf (e.g., Hometeam gets you an Uber or pays for your groceries using Instacart) regardless if the User is a business client or not. Hometeam will pass through any such Third Party Service fees to each User, as reflected on the applicable invoice.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

Please note that all fees paid for your access to the Services are non-refundable. You acknowledge and agree that under no circumstances will you be remitted a refund or otherwise provided any kind of credit or reimbursement of fees. Where the User accesses the Services pursuant to his/her health plan, the User should review his or her applicable plan rules and policies regarding payment, deductibles, premiums and what is/is not covered under such plan. Hometeam is not responsible for any plan refusal to remit payment for the Services provided and in the event that any health plan fails to pay the applicable fees, the User shall become responsible for such fees.

9. Consent to Electronic Communications

You agree that Hometeam may send the following to you by email or, where appropriate, by posting them on Site: legal disclosures, privacy notices, privacy policies, these Terms, future changes to any of the foregoing and other notices, policies, communications or disclosures and information related to the Services.

You agree that Hometeam may communicate with you via email, phone, standard SMS text, or mail regarding prospective Services. You will indicate your preference upon onboarding, and can indicate changing or additional communication channel preferences while using the service.

Hometeam uses a HIPAA compliant texting platform effective August 1, 2023. If you state a preference for email or standard SMS texting communication, you hereby consent that you understand that email and standard SMS messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that email and standard SMS messaging regarding services might be intercepted and read by a third party. SMS text messages and emails are not always secure because they travel over networks that Hometeam does not own or control. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Hometeam.

You may opt out of certain types of electronic communications by responding “STOP” to any email or text, or by emailing info@hometeamhelps.com. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

10. Warning About Sending Images Via Text or Email

Hometeam intends to provide high-quality Service accessible via SMS text. In some instances, you may send images to provide clarity for a specific task (i.e., picture of medication list). While we invite you to share information that is relevant to Hometeam’s Service, please do not send health sensitive messages via SMS text or email as we cannot guarantee, despite our best efforts, that these are fully secured.

11. Mobile App Terms

The Mobile App portion of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and Services, e.g., the Apple AppStore (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the Mobile App. By using the Mobile App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform.

The Third Party Platform will have no warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hometeam. Hometeam, not the Third Party Platform, is responsible for addressing any claims you or any third party may have relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims. The Third Party Platform is a third party beneficiary of this Agreement, and, upon your acceptance of these Terms, the Third Party Platform from whom you obtained the Mobile App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

12. Third Party Services

The Site and Service may contain links to websites operated by other parties or may facilitate introductions to Third Party Service Providers (“Third Party Services”). Hometeam provides these links and introductions to Third Parties as a convenience, and your use of these Third Parties is at your own risk. The Third Parties (their sites and Services) are NOT under the control of Hometeam and Hometeam is NOT responsible for the content available on these third-party sites or the Services provided by these Third Parties. Such links or introductions do not imply endorsement of information, material, or Services from any other Third Party.

HOMETEAM DISCLAIMS ALL LIABILITY WITH RESPECT TO THE OFFERINGS OF ANY THIRD PARTIES OR THE OWNERS AND OPERATORS OF SUCH THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT HOMETEAM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTIES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY THAT YOU USE OR VISIT AND YOU DO SO AT YOUR OWN RISK.

As part of our Services, we may provide assistance to Users related to Users’ purchases of Third Party Services, including grocery delivery or car rides (each, a “Third Party Service”). As you consent to Hometeam connecting you with Third Party Services, you consent that we may disclose some information about you, such as your name, requirements and contact information. If you or Hometeam identifies such Third Party Services, and Hometeam coordinates on your behalf, you consent to the above disclosure and consent to receive communications from such providers in the form of phone calls, SMS texts and/or emails. When engaging in, or scheduling, such Third Party Services, you consent to and may receive more calls and/or texts, from such providers than may be in excess of the number of calls permitted each week without consent under HIPAA or TCPA rules. Please remember, you may opt out of Third Party Services at any time by sending informing the Third Party Service provider that you do not wish to receive the Services or communications about the Services.‍

If you choose to or purchase a Third Party Service, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Third Party Service, including certain fees as further described above in Section 8.

13. B2B Hometeam Clients

If you are a business client (in-home care agency, employer, health plan, etc.) providing Hometeam to your subsequent client families, you understand and acknowledge that your extent of visibility into a User’s information and your use of the Services with respect to any User, is determined by the User. Hometeam is unable to provide you with access to a User’s individualized information, except where such User has expressly provided his or her consent to such access. To the extent that a User grants you access to his or her information and/or data, you hereby agree and acknowledge, and further represent and warrant to Hometeam that you shall use such information and/or data about a User in accordance with all laws and regulations and only to the extent permitted by such User. You shall not sell, share or distribute any information and/or data obtained from any User where such User instructs Hometeam to provide you therewith. You expressly acknowledge and agree that Hometeam is not in the business of providing healthcare Services or rendering any medical advice or diagnoses and as such, you are solely responsible for all recommendations, interactions and/or directions that you give to any User.

14. Intellectual Property

Hometeam owns all right, title, and interest, including all related intellectual property rights, in and to the Services. This Agreement does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Hometeam and names, logos, and product names associated with the Services are trademarks or Service marks of Hometeam or third parties, and no right or license is granted to any User to use them.

You hereby give Hometeam a royalty-free, worldwide, sub-licensable, transferable license to copy or use in any manner any content or information you upload to the Services, subject to these Terms and our Privacy Policy. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-confidential and shall become the sole property of Hometeam. Hoetwam shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright for all content included in the Site and Service, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, including as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Sites’ Content, is the property of Hometeam or its content suppliers and such content is protected by U.S. and international copyright laws.

The trademarks, Service marks, logos, slogans, trade names and trade dress used on the Site and Service are proprietary to Hometeam. Unauthorized use of any trademark of Hometeam may be a violation of trademark laws. Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by Hometeam or of Hometeam by the third parties.

15. Disclaimers

Hometeam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service, or any portion thereof, with or without notice. You agree that Hometeam shall not be liable to you or to any third party for any modification, suspension, interruption, or discontinuance of the Site or Service.

We provide the Services “AS IS” and assume no responsibility for any failure to provide the Services to you. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Services or any products or related Services available through the Services at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Services, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Services.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that to the fullest extent permitted by law, we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT WE DISCLAIM ALL LIABILITY, LOSS AND/OR DAMAGE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ARISES OUT OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER UserS, YOUR User NETWORK, ANY HOMETEAM EMPLOYEE AND/OR ANY OTHER THIRD PARTY TO WHICH YOU CONNECT ON OR THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR CHOOSING THE SERVICES AND ANY INTERACTIONS THROUGH THE SERVICES. YOU AGREE THAT THERE IS AN INHERENT DEGREE OF RISK ASSOCIATED WITH INTERACTIONS WHERE YOU ELECT TO UTILIZE IN-PERSON SERVICES OR VIRTUAL SERVICES, INCLUDING WHETHER SUCH RISK BE INTERACTING WITH THE ASSIGNED HOMETEAM EMPLOYEE AND/OR ANY THIRD PARTY THAT YOU CONNECT WITH THROUGH THE SERVICES (E.G., AN UBER), AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE AND AGREE THAT WHILE HOMETEAM WILL UTILIZE ALL REASONABLE EFFORTS DESIGNED TO ENSURE SAFE CONNECTIONS ON OR THROUGH THE SERVICES, WE CANNOT GUARANTEE ANY THIRD PARTY WITH WHOM YOU CONNECT THROUGH THE SERVICES, AND AS SUCH, YOUR INTERACTIONS WITH HOMETEAM AND/OR THIRD PARTY ARE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT INTERACTIONS WITH A HOMETEAM EMPLOYEE AND/OR ANY THIRD PARTY MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU FREELY AND WILLFULLY ASSUME THOSE RISKS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN ANY SERVICES OFFERED BY HOMETEAM.

16. Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL HOMETEAM OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF ANY OF US ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICES AT ISSUE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

17. Arbitration

Any and all disputes between you and Hometeam arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HOMETEAM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND HOMETEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Hometeam must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Boston, MA. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Boston, MA.

18. Your Indemnity of Hometeam

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HOMETEAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE, CONTENT OR SERVICE; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF HOMETEAM HELPS, INC. OR ANY THIRD PARTY.

19. Governing Law

By using the Services, you agree that these Terms shall be governed by the laws of the State of Delaware, without regard to its choice of law principles.

20. Additional Terms for California Residents

If you are a California resident, you waive to the maximum extent permitted by law California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

21. Privacy and Confidentiality Breach Notice

User agrees to immediately notify Hometeam in connection with the Prohibited Actions and/or the Privacy Policy, immediately upon any breach of privacy or confidentiality, or inappropriate release of data or information that poses any risk to Users, obtained or derived from using Hometeam. Such notice shall state the date and nature of the event, and the reasonable steps taken to prevent the breach.

22. Force Majeure

Hometeam shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet Service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

23. General Provisions

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hometeam without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement. This Agreement, together with the Privacy Policy and any other policies linked to in this Agreement, constitute the entire and exclusive understanding and agreement between you and Hometeam regarding your use of and access to the Services.

Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hometeam failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Copy/Save Agreement. You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all disclosures electronically sent via email or posted on or through the Services.

No Agency or Joint Venture. Neither this Agreement nor the use of the Services shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Hometeam.

24. Questions

Please direct any questions you may have about these Terms of Use, technical questions or problems with the Site, or comments or suggestions to Hometeam at: info@hometeamhelps.com.