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.
If you send us a request (for example, via email or via one of our feedback mechanisms), we
reserve the right to publish it in order to help us clarify or respond to your request or to help us
support other users.
- 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
GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- 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.
