Homeowners Hub Terms of Use 

Welcome to the Homeowners Hub website which is provided to You (“You” or “Your”) by Homeowners Hub, LLC (“Homeowners Hub”).  The following Terms of Use govern Your access to and use of the www.hubyourhome.com com website (the “Website”) and the services offered by Homeowners Hub through the Website (the “Services”).  The Website and Services connect users with third party service providers (“Service Providers”) who provide repair, maintenance, remodeling, construction and other services related to Your home (“Home Services”).  These Terms of Use also govern Your access to and use of and the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “User,” “You” and “Your” as used in this Agreement refer to users of the Website and other persons who access the Website.  Please review the following disclosures and terms that govern Your use of the Website (the “Agreement”). The Website is owned and/or operated by Homeowners Hub.  As used in this Agreement, the words “we,” “us,” and “our” refer to Homeowners Hub. Your use of the Website constitutes Your Agreement and acceptance without change to these terms and conditions. In addition, as a condition of Your use of the Website, You represent and warrant to Homeowners Hub that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website and the Services is prohibited.  Other than this Agreement, Homeowners Hub will not enter into any Agreement with You or have any obligation to You through the Website and the Services and no attempt to create such an Agreement will be effective. By accessing, browsing or using the website and/or the services, You acknowledge that: You are at least 18 years old and have read and understand all of the terms and conditions of this terms of use;You agree to be bound by all of the terms and conditions of these terms of use; These terms of use are the legal equivalent of a signed, written contract between you and Homeowners Hub; and If accessing, browsing or using the website on behalf of an entity, You have full authority to bind your entity to all of the terms and conditions of these terms of use. If You are not willing to be or cannot be bound by all of the terms and conditions of this agreement, including without limitation the acknowledgement set forth in paragraphs 1-4 above, then do not browse or use the website.  Moreover, Homeowners Hub does not and will not grant You any right or license to access, browse or use the website or the services without your willingness and ability to be bound by all of the terms and conditions of this agreement, including without limitation the preceding acknowledgement.

UNDERSTANDING YOUR RISK 

The Purpose of the Website and the Services is to connect You with Service Providers.  Homeowners Hub helps facilitate the communication and payment process between You and Service Providers so that You can request and pay a Service Provider to perform Home Services.  The Service Providers are independent contractors who are not employed, retained, endorsed or sponsored by or otherwise under the control with Homeowners Hub.  Homeowners Hub is not responsible for and provides no representations, assurance, guarantees or warranties with respect to the Service Providers and the Home Services including, without limitation, the accuracy of any estimate, the suitability, quality, ability, timeliness, performance, conduct, acts, omissions and availability of the Service Providers and the Home Services.  You understand that the listing of a Service Provider on the Website does not constitute an express or implied endorsement of that Service Provider.   Your use of a Service Provider is entirely at Your own risk.  While Homeowners Hub takes commercially reasonable steps to ensure that the Service Providers possess relevant licenses and general liability and workers compensation insurance, We do not warrant or guarantee that a Service Provider’s license or insurance is current at the time that You retain the Service Provider or that Service Provider’s license or insurance is appropriate for the Home Service for which the Service Provider is being retained.  You are solely responsible for determining whether the Service Provider has (i) current licensing required to perform the Home Service and (ii) current and appropriate insurance. YOU EXPRESSLY WAIVE AND RELEASE HOMEOWNERS HUB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING IN ANY WAY FROM OUR INTRODUCTION TO AND YOUR USE OF THE SERVICE PROVIDERS AND THE HOME SERVICES.  

REGISTRATION AND YOUR INFORMATION

In order to access certain areas of the Website and to use the Services, You must create an account with Homeowners Hub.  You must provide us with accurate, complete and up-to-date information for Your account (“Account Information”).  If any of Your Account Information changes, You must update it by editing Your Account Information by calling Homeowners Hub at 844-482-7272.  We reserve the right to terminate or suspend Your account if Your Account Information is not accurate, your credit card information on file has expired or changed or if you have any past due amounts on Your account.   If You create an account, You will be solely responsible for maintaining the confidentiality of Your Account Information. You may not authorize others to use Your Account, and You are responsible for all use by You and those You allow to use the Your Account.  You may not sub-license, transfer, sell or assign Your Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Account Information, with or without authorization. You may terminate Your account at any time by calling us at 844-482-7272. We reserve the right to refuse service and/or terminate Your account without prior notice if You violate these Terms of Use or if We decide, in our sole discretion, that it would be in Homeowners Hub’s best interests to do so.

YOUR USE OF THE SERVICES

You will be able to use the Services once You create an account.  You can retain a Service Provider to perform the Home Services by requesting your service on the Website.     All payments from You to the Service Provider shall be made through Homeowners Hub.  Once the Home Services have been completed, we will charge the final cost of the Home Services to the credit card on file with Your account and send you a detailed invoice for the Home Services completed.

DISPUTES

You agree to cooperate in good faith with us and the Service Provider to resolve any complaints or disputes between you and the Service Provider regarding the Home Services. If You are unable to resolve any controversy or dispute between You and a Service Provider, You agree that such controversies and disputes shall be submitted to final and binding arbitration before the American Arbitration Association. The arbitration will be held in Essex County, New Jersey.  All decisions of the arbitrator are final and such dispute resolution is Your sole and exclusive remedy in regards to complaints or claims against a Service Provider for the Home Services.

PREMIUM SERVICES

We charge fees for the use of certain features or aspects of the Services (“Premium Services”). Fees for the Premium Services are subject to change at any time. You agree that we may charge the fees for such Premium Services to the credit card associated with Your account.  

LICENSE

You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Homeowners Hub or third-party providers, as applicable. Except as expressly permitted by Homeowners Hub in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content. Except as expressly permitted by Homeowners Hub in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Homeowners Hub” or any other colorable equivalent without the prior written authorization of Homeowners Hub.

PRIVACY POLICY

Homeowners Hub recognizes the importance of protecting Your privacy.  Please click Privacy Policy to view our privacy policy which is incorporated and made part of these Terms of Use. Any changes to the privacy policy will be communicated on such page. Subject to the terms of its Privacy Policy, Homeowners Hub may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if Homeowners Hub believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Website or provide the Services; or (iii) to protect Homeowners Hub’s rights and property or the rights and property of Homeowners Hub’s users and business partners.

INTELLECTUAL PROPERTY

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Homeowners Hub or its licensors or suppliers.  The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Homeowners Hub’s express authorization.   “HOMEOWNERS HUB” is a trademark owned by Homeowners Hub. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Homeowners Hub or their respective owners.   Except as provided in these Terms of Use, Homeowners Hub does not grant You any rights in or to the Homeowners Hub trademark or the Other Trademarks.  You agree that You shall not use the Homeowners Hub trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Homeowners Hub or the respective owners of the Other Trademarks as the case may be.

USE OF THE WEBSITE

Without limiting anything else contained in this Agreement, You agree and acknowledge that: The Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Homeowners Hub, and that no proprietary rights therein are being transferred to You by these Terms of Use; and that You will not, directly or indirectly:

1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
2. Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
3. Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
4. Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
5. Access or attempt to access any other user’s account;
6. Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
7. Elude or attempt to elude the Website’ security systems;
8. Attempt to gain access or gain access to the Website in a fraudulent manner;
9. Use the Website for any purposes other than those intended by Homeowners Hub, as determined by Homeowners Hub in its sole discretion; or
10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Homeowners Hub and that in such event money damages will not constitute sufficient compensation to Homeowners Hub; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content, Submissions and any other information contained therein, You specifically consent to Homeowners Hub obtaining injunctive relief against You in addition to any other legal or financial remedies to which Homeowners Hub may be entitled. Homeowners Hub reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your account should You be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Website.”  

NOTICE OF ENFORCEMENT

Homeowners Hub vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Homeowners Hub will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

LINKS

At certain places on the Website, live hypertext links to other Internet websites can be accessed. Such other Websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Homeowners Hub. Homeowners Hub does not endorse, approve, certify, maintain, or control these other Website and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Homeowners Hub provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those Website’ respective terms of use and privacy polices. Neither the inclusion of the link on the Website nor reference on the linked Website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Homeowners Hub. You acknowledge and agree that Homeowners Hub shall not be liable for any damages or injury resulting or arising from the content of or access to such other Website. There may be circumstances where access to the Website is provided by a hypertext link located at another website. Homeowners Hub has no responsibility for the content of such other website, Homeowners Hub does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Homeowners Hub shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Homeowners Hub does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Homeowners Hub, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Homeowners Hub.

SECURITY

We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database.  We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.

NO WARRANTIES; EXCLUSION OF LIABILITY

THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE WEBSITE IS OPERATED BY HOMEOWNERS HUB, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEOWNERS HUB, LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “HOMEOWNERS HUB BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HOMEOWNERS HUB BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE HOMEOWNERS HUB BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE HOMEOWNERS HUB BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE SERVICES, THE HOME SERVICES, OR THE DELAY OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE HOME SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THE HOME SERVICES OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF THE HOMEOWNERS HUB BUSINESSES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE HOMEOWNERS HUB BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  WITHOUT LIMITING THE FOREGOING, THE HOMEOWNERS HUB BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE HOMEOWNERS HUB BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. HOMEOWNERS HUB’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF HOMEOWNERS HUB’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY HOMEOWNERS HUB WITH RESPECT TO SUCH USE.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Homeowners Hub therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.  

CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS

If You have any questions about these Terms of Use, the Services or the Website, please send us an email to info@homeownershub.biz. Although Homeowners Hub will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), Homeowners Hub does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEOWNERS HUB AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY BREACH BY YOU OF THESE TERMS OF USE; AND
3. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.

RELEASE FOR FORCE MAJEURE

You absolve and release Homeowners Hub and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Homeowners Hub or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

TERM AND TERMINATION

This Terms of Use will take effect at the time You click “I Agree” or access, browse or use the Website, the Services or any of the Content, and continues in perpetuity unless terminated by You and/or Homeowners Hub. Homeowners Hub reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website, the Services and any of the Content; (ii) to change, remove or discontinue the Website, the Services and any of the Content or services available on or through the Website; or (iii) to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing all use of the Website, the Services and the Content.  The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to Homeowners Hub will be deemed to have been duly given only if in writing and delivered by email sent to info@homeownershub.biz. Notices to Homeowners Hub shall be deemed delivered when actually received by Homeowners Hub. Any notice or other document or communication from Homeowners Hub required or permitted hereunder will be sent to the e-mail address that You provide when You registered with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.Should You elect to send or receive e-mail communications of any kind to or from Homeowners Hub, You represent and warrant to Homeowners Hub that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as set forth otherwise herein, Homeowners Hub controls and operates the Website from the United States of America and makes no representation that the Content and Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list. Access, browsing and use of the Website, the Content, the Services and these Terms of Use, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New Jersey without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.  The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website. SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, ESSEX COUNTY, USA.  YOU AND HOMEOWNERS HUB AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION

Any controversy or dispute between You and Homeowners Hub (the “parties”) concerning the Website, the Services, the Content, these Terms of Use and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Essex County, New Jersey.  Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

WAIVER

No delay or omission by Homeowners Hub to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by Homeowners Hub of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.

SEVERABILITY

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

INDEPENDENT CONTRACTOR

Homeowners Hub is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between You and Homeowners Hub.

CONTINUED USE DEEMED ACCEPTANCE

Homeowners Hub reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. After You are notified of any such modification, Homeowners Hub will deem Your continued use of the Website, the Services or any of the Content to constitute Your acceptance of and agreement to such modification.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between You and Homeowners Hub with respect to Your use of the Website, the Services and the Content, and supersede any and all prior understandings or Agreements between You and Homeowners Hub, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Services and the Content, Homeowners Hub has relied on Your acceptance of these Terms of Use. 

Homeowners Hub August 2016