AGREEMENT TO ONLINE PAYMENT TERMS This Agreement to Online Payment Terms (“Agreement”) constitutes a legal agreement between you and Homefix Custom Remodeling, LLC, together with its successors, affiliates, associates and assigns (collectively “Company”). Please read this Agreement carefully. As used in this Agreement, the terms “Service” and “Services” refers to the Company’s online and internet payment processing services, including but not limited to the Company’s website, any software, documentation, tools, internet services, and any updates (including software updates or maintenance releases) thereto offered to you by Company, directly or indirectly. To use the Services, you must agree to all the terms of this Agreement.
- Privacy When you engage Company Services, submit a payment, conduct a transaction, or submit a form or payment information on the Company website, you are authorizing the Company to collect related and submitted information, contact you by phone and/or text message, and/or email, about the Company products and Services at the email, telephone number, or other contact information you provided, even if you are on a national or state “Do Not Call” list, which protections you waive byway of engaging Services and your consent to this Agreement. If you also provide your street address, the Company may mail you any of the following: promotional items, invitations, special offers, announcements, or other materials. Your address could also be used by the Company employees to view your home or business online to determine if your property is eligible for our products and/or services and/or to provide other services to you if you are a current customer. You can opt out anytime by providing written notice to an authorized company representative.
- Consent By submitting an online payment, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that the Company may provide in connection with the Services and/or your payment/account. You also agree that your electronic consent shall have the same legal effect as a physical signature. You agree that the Company can provide communications regarding Company Services to you through the Company website, or by sending communications to the email or physical addresses identified in your account or otherwise submitted by you. Communications may include notifications about the Services and/or your payment/account, changes to the Company’s Services or terms, or other information the Company may be required to provide to you. You also agree that electronic delivery of any communication shall have the same legal effect as if the Company provided you with a physical copy. The Company will consider a communication to have been received by you within one day of the time a communication is either posted to our Website or emailed to you. You expressly provide the Company authorization to communicate with you via SMS or text message in order to permit the Company to, amongst other things, verify your authority to submit a payment (e.g., MFA or two-step verification), and to provide you with other necessary notifications regarding your payment/account. Standard text or data charges may apply. If you disable receiving text messages from the Company, you acknowledge that you may be disabling important security controls relating to your account and may increase your risk of loss.
- Website The Company may collect information of the sort that web browsers and servers typically make available, such as (but not limited to) the browser type, language preference, referring site, and the date and time of each visitor request. From time to time, the Company may release such information in the aggregate, e.g., by sharing or publishing data related to trends in the usage of its website or Services. The Company may also collect potentially personally-identifying- information including, but not limited to, Internet Protocol (IP) addresses for logged in users and account holders. The Company may disclose logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information.
- Reservation of Rights The Company reserves all rights not expressly granted to you in this Agreement. The Company owns the title, copyright and other worldwide intellectual property rights in its Services and marks. You may submit comments or ideas about these Services to the Company, including about how to improve these Services or our products (“Comments”). By submitting Comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that the Company remains free to use the Comments without any additional compensation to you, and/or to disclose the Comments on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Comments or any submission, the Company does not waive any rights to use similar or related ideas or concepts.
- Confidentiality You are solely responsible for the security of any sensitive data in your possession, or that you are otherwise authorized to access or handle. You will notify us within 48 hours if you have any reason to believe that there has been a security breach, loss, or compromise of any sensitive data (“Breach”). In the event of a Breach (whether reported by you or otherwise), we may require you to permit a third-party auditor approved by the Company to conduct a security audit, and you must fully cooperate with any requests for information or assistance that the auditor makes to you as part of the audit. The Company will use data obtained from the website to perform its Services or as otherwise permitted by this Agreement, by other agreements between you and the Company, or as otherwise directed or authorized by you.
- Personally-Identifying Information The Company may disclose potentially personally-identifying and actual personally-identifying information to those including, but not limited to, its employees, contractors, vendors, and affiliated organizations that need to receive that information in order to process it on the Company’s behalf or to provide Services offered by the Company. The Company may occasionally send you a communication to tell you about new features, promotions, solicit your feedback, or just keep you up to date with what’s going on with the Company and our products.
- Representations By accepting the terms of this Agreement, you represent, warrant and agree that: (a) you have the authority to utilize the Services and engage in the payment transactions which you have submitted; (b) you have the authority to execute, and perform the obligations required by, this Agreement; (c) any information you provide the Company about yourself, your payment, or your transaction is accurate and complete; (d) you will fulfill all of your obligations to complete your transaction and will provide full cooperation in resolving any resulting disputes; (e) you will comply with all applicable laws; (f) you will not use these Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Company.
- Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS PROCESSORS, SUPPLIERS, LICENSORS, OR ANY BANK (OR THEIR RESPECTIVE AFFILIATES, DIRECTORS OR EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS PROCESSORS, THE NETWORKS, AND ANY BANK (AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OR EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF ACCESS TO THE SERVICES, OR ANY DELAY IN PERFORMING THE COMPANY’S OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND THE COMPANY’S CONTROL; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE COMPANY, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR ANY BANK BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, DAMAGES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES OR PROFIT EARNED BY THE COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
- Applicable Law This Agreement and any dispute hereunder will be governed by Maryland law and/or applicable federal law as applied to agreements entered into and to be performed entirely within Maryland, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
- Limitation on Disputes Unless otherwise required by law, you must commence any action or proceeding relating to any dispute hereunder within six (6) months after the occurrence of the event giving rise to such dispute.