Last Modified: 6/22/22
1. Acceptance of the Terms of Use
These terms of use are entered into by and between you and Avid Ratings, LLC (“Avid Ratings”,
“we”, “our”, or “us”). The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and
use of www.homekeep.com, any subdomain of such website, and the HomeKeep mobile application
(collectively, “Platform”), including any content, functionality, products, and services offered on or
through the Platform, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Platform. BY USING THE
PLATFORM OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN
THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND
AND ABIDE BY THESE TERMS OF USE AND AVID RATINGS’S PRIVACY POLICY, FOUND
AT homekeep.com/privacy-policy-us (“Privacy Policy”), INCORPORATED HEREIN BY
REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not
access or use the Platform.
In order to access the Platform and the services, you represent and warrant that you are older than 18
years old. If you are under 18 years old, then you may not make a purchase on our Platform. If you
are under the age of 18, please do not attempt to register with us at this Platform or provide any
personal information about yourself to us. If we learn that we have collected personal information
from someone under the age of 18, we will promptly delete that information. If you believe we have
collected personal information from someone under the age of 18, please contact us at
support@homekeep.com.
Binding Arbitration. These Terms of Use provide that all disputes between you and Avid Ratings
that in any way relate to these Terms of Use or your use of the Platform will be resolved by
BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO
TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights
under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT
a judge or jury and your claims cannot be brought as a class action. Please review the Section below
entitled Arbitration for the details regarding your agreement to arbitrate any disputes with Avid
Ratings.
2. Availability of Services
ACCESS TO AND USE OF THE PLATFORM OR THE SERVICES IS LIMITED
EXCLUSIVELY TO USERS LOCATED IN THE STATE OF WISCONSIN OR SUCH
OTHER STATES WHERE SERVICES ARE OFFERED. Access to the Platform may not be legal
by certain persons or in certain countries. Accessing the Platform or the services from jurisdictions
where content is illegal, or where we do not offer services, is prohibited.
3. Transactions through the Platform
We urge all Users to be responsible about their use of this Platform and any transaction entered into as
a result of obtaining services for a property. The Platform provides an online marketplace to allow
property owners and property managers who use the Platform (each, a “Member”) to obtain services
for the property from our business affiliates (each, a “Service Provider” and, collectively with a
member, the “Users”) or from Avid Rating’s employees. We do not own or manage, nor can we
contract for, any services listed by Service Providers on the Platform. We also may offer other tools or
services to allow Users to communicate with and transmit information to each other.
We are not a party to any service agreement or other agreement between Users. As a result, any part
of an actual or potential transaction between a Service Provider and a Member, including the quality,
condition, safety, or legality of the services advertised, the truth or accuracy of the property
registrations or property listings, including the content thereof or any review relating to any Service
Provider, the ability of Members to obtain services or the ability of Service Providers to contract with
Members are solely the responsibility of each User. You acknowledge and agree that you may be
required to enter into one or more separate agreements (i.e., service agreements, home warranty
agreements, etc.), waivers or terms and conditions before purchasing a product or service and the
Service Provider or one of its affiliates may place additional restrictions on your product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations
applicable to their use of the Platform and provision and receipt of products and services. Users
further agree that they are responsible for their use of any tool, service or product offered on or
through the Platform and any transaction they enter into on the Platform or in connection with their
use of the Platform.
Service Providers who obtain personal information from Members agree to properly handle and
safeguard all such information in accordance with applicable legal and regulatory requirements and
best practices.
While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other
illegal activity of which we become aware, we assume no liability or obligation to take any such
measures or actions. When we provide warnings or messages to Users about any such activity, we do
not warrant that such messages are accurate or that such messages will reach any or all Users they
should have reached in a timely manner or at all or that such messages or measures will prevent any
harm or otherwise have any impact.
4. Ordering and Purchasing of Services
Order Acceptance
Your placement of an order does not necessarily ensure that we will accept your order. We may
require additional information regarding your order if you have not provided all the information
required by us. Once a properly completed order and authorization of your form of payment is
received, we will process your order and schedule your services. If, for some reason, we determined
that we cannot schedule your services within thirty (30) days following our receipt of a properly
completed order, we may elect to cancel your order and advise you of such action. We do not accept
orders from dealers, wholesalers, or other customers who intend to resell products or services offered
on our Platform.
Online Payments
We accept credit and debit cards issued by U.S. banks (your “payment method”). You and Avid
Ratings agree that the payment method you submit may be used automatically by Avid Ratings or its
payment processors for any of your responsibilities for payment. If a credit card account is being used
for a transaction, Avid Ratings may obtain preapproval for an amount up to the amount of the
payment. You agree to allow Avid Ratings to securely store your payment method. If you enroll to
make recurring payments automatically, all charges and fees will be billed to the payment method you
designate during the setup process. You have the right to revoke this authorization by contacting Avid
Ratings at support@homekeep.com or call us at (608) 824-2500 at least fifteen (15) days prior to the
scheduled payment date. You understand and acknowledge that services may be cancelled or withheld
if you revoke this authorization, and that you are still responsible for all charges incurred by you or
are otherwise owed to Avid Ratings. This authorization will remain in full force and effect until
revoked by you or Avid Ratings. If you want to designate a different payment method or if there is a
change in your payment method, you must change your information online. This may temporarily
delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card
and bank account information you supply is true, correct, and complete, (b) charges incurred by you
will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by
you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the
person in whose name the card was issued and you are authorized to make a purchase or other
transaction with the relevant credit card and credit card information. If Avid Ratings is unable to
secure funds from the payment method you provide for any reason, including insufficient funds in the
payment method or insufficient or inaccurate information provided by you when submitting electronic
payment, Avid Ratings may undertake further collection action, including application of fees to the
extent permitted by law. You acknowledge and agree that you will not dispute the charges from Avid
Ratings with the payment method company, provided the transactions correspond to the terms
indicated in these Terms of Use.
Subscription Terms
If you purchase a subscription to our services, your subscription is continuous and will be
automatically renewed at the end of the applicable subscription period, unless you cancel your
subscription before the end of the then-current subscription period by contacting us at (608) 824-2500.
If you cancel your subscription, your account will automatically close at the end of your current
billing period. Avid Ratings may change the price for your Platform subscription, from time to time
and will communicate any price changes to you in advance and, if applicable, how to accept those
changes. Price changes will take effect at the start of the next subscription period following the date of
the price change. Subject to applicable law, you accept the new price by continuing to use the
Platform after the price change takes effect. If you do not agree with a price change, you have the
right to reject the change by unsubscribing prior to the price change going into effect.
Returns
All sales are final. Avid Ratings does not offer refunds on services purchased.
5. Changes
Avid Ratings may revise and update these Terms of Use, the Platform, and any Content, service or
product provided by Avid Ratings from time to time in its sole discretion. All changes are effective
immediately when Avid Ratings posts them and apply to all access to and use of the Platform
thereafter. Your continued use of the Platform following the posting of revised Terms of Use means
that you accept and agree to the changes. You are expected to check this page from time to time so
you are aware of any changes, as they are binding on you.
6. Eligibility; Platform Access, Security and Restrictions; Passwords
You agree to fully, accurately, and truthfully create your HomeKeep account (“Account”), including
but not limited to your name, phone number, email address, and password, which become your Avid
Ratings ID and credentials. You agree that all information you provide through the Account is
governed by the Privacy Policy, and you consent to all actions Avid Ratings takes with respect to your
information consistent with the Privacy Policy. The Avid Ratings ID or credentials are personal to
you, and you are solely responsible for maintaining the confidentiality of your Avid Ratings ID or
credentials, and for all activities that occur under such Avid Ratings ID or credentials. You agree to
prohibit anyone else from using your Avid Ratings ID or credentials and agree to immediately notify
Avid Ratings of any actual or suspected unauthorized use of your Avid Ratings ID or credentials or
other security concerns of which you become aware. Your access to the Platform may be revoked by
Avid Ratings at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Platform, including,
without limitation: (a) accessing data not intended for such user or logging onto a server or an account
which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a
system or network or to breach security or authentication measures without proper authorization; or
(c) accessing or using the Platform or any portion thereof without authorization, in violation of these
Terms of Use or in violation of applicable law.
You are responsible for maintaining the confidentiality of your Account, username and password, and
you must not disclose it to any other person or entity. You agree to accept responsibility for all
activities that occur with your permission or authorization under your Account, username and/or
password, or because you fail to maintain sufficient security over your Account, username and/or
password. You agree to notify Avid Ratings immediately of any unauthorized access to or use of your
Account, user name or password or any other breach of security. You also agree to ensure that you
exit from your Account at the end of each session. You should use particular caution when accessing
your Account from a public or shared computer so that others are not able to view or record your
password or other personal information.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER AVID RATINGS NOR
ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY
UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2)
THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT
OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH AVID
RATINGS AND OTHER USERS.
Avid Ratings has the right to disable any account at any time in its sole discretion for any or no
reason, including if, in its opinion, you have violated any provision of these Terms of Use.
7. Electronic Communications
When you use the Platform or services, or send e-mails, messages, and other communications from
your desktop or mobile device to us, you are communicating with us electronically. You consent to
receive communications from us electronically. You agree that (a) all agreements and consents can be
signed electronically and (b) all notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such notices and other communications be in
writing. Avid Ratings may contact you by telephone, mail, or email to verify your Account
information. Avid Ratings may request further information from you and you agree to provide such
further information to ensure that you have not fraudulently created your Account. If you do not
provide this information in the manner requested within 14 days of the request, we reserve the right to
suspend, discontinue, or deny your access to and use of the Platform and the services until you
provide the information to us as requested.
8. Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Avid Ratings
at the mobile number you have provided, including calls and text messages, to receive informational,
product or service related (e.g., progress tracking, reminders, etc.) messages and communications
relating to the Platform and services. Message and data rates may apply. For help, reply to our text
with the word HELP. To stop receiving text messages, reply to our text with the word STOP.
We may confirm your opt out by text message. If you subscribe to multiple types of text messages
from us, we may unsubscribe you from the service that most recently sent you a message or respond
to your STOP message by texting you a request to identify services you wish to stop. Please note, that
by withdrawing your consent, some Platform features and certain services may no longer be available
to you. Keep in mind that if you stop receiving text messages from us you may not receive important
and helpful information and reminders about your services.
9. Trademarks
The Avid Ratings name, the terms “HOMEKEEP”, the Avid Ratings logo and all related names,
logos, product and service names, designs and slogans are trademarks of Avid Ratings or its affiliates
or licensors. You must not use such marks without the prior written permission of Avid Ratings. All
other names, logos, product and service names, designs and slogans on this Platform are the
trademarks of their respective owners.
10. Ownership of Platform and Related Materials; Restrictions
The Platform contains confidential and proprietary information, materials, data, databases, contents,
processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks,
logos, service marks, features and functionality, and the design, selection and arrangement thereof, are
owned by Avid Ratings, its licensors or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade dress, trade secret and other intellectual
property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You
must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on our Platform, including but not limited to
Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials; (b) you may store files that are automatically cached
by your Web browser for display enhancement purposes; and (c) you may print or download one copy
of a reasonable number of pages of the Platform for your own personal, non-commercial use and not
for further reproduction, publication or distribution. You must not: (a) modify copies of any materials
from the Platform or received through the services; (b) use any illustrations, photographs, video or
audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any
copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks,
service marks, logo, content, or other proprietary information (including, without limitation, images,
text, page layout, or form) of Avid Ratings without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the
Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit
of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes,
or otherwise exploited for any commercial purpose without express written consent of Avid Ratings.
If you print, copy, modify, download or otherwise use or provide any other person with access to any
part of the Platform in breach of the Terms of Use, your right to use the Platform will cease
immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and
all rights not expressly granted are reserved by Avid Ratings. Any use of the Platform not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark and other laws.
11. Reliance on Information Posted
We try to be as accurate as possible when describing the products and services on the Platform;
however, we do not warrant that the service or product descriptions, information or other content
available on the Platform are accurate, complete, reliable, current, or error-free. The information
presented on or through the Platform is made available solely for general information purposes. Any
reliance you place on such information is strictly at your own risk. Avid Ratings disclaims all liability
and responsibility arising from any reliance placed on such materials by you or any other visitor to the
Platform, or by anyone who may be informed of any of its contents.
The Platform may contain typographical errors or inaccuracies and may not be complete or current.
Avid Ratings reserves the right to correct any errors, inaccuracies or omissions (including after an
order has been submitted) and to change or update information at any time without prior notice.
Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we
reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or
availability information. We apologize for any inconvenience.
This Platform may include content provided by third parties, including materials provided by other
users and third-party licensors. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content provided by Avid Ratings,
are solely the opinions and the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of Avid Ratings. Avid Ratings and its affiliates are not
responsible, or liable to you or any third party, for the content or accuracy of any materials provided
by any third parties.
12. Third Party Links
Links to third party websites may appear on the Platform. Links to third party websites are provided
for your convenience only. Avid Ratings has no control over the contents of those sites or resources
and does not review, approve, monitor, endorse, warrant, or make any representations with respect to
the third party websites. Avid Ratings does not accept any responsibility for the third party websites
or for any loss or damage that may arise from your use of them. If you decide to access any of the
third party websites linked to the Platform, you do so entirely at your own risk and subject to the
terms and conditions of use for the third party websites and not by these Terms of Use.
13. Prohibited Uses
You may use the Platform for your personal, non-commercial use only, and in accordance with these
Terms of Use, except for purposes authorized or approved in writing by Avid Ratings. Except as
expressly permitted in accordance with these Terms of Use, you must not reproduce, repurpose,
distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, use, sell, re-sell, access, or transmit any portion of the Platform or Content.
You must not use the Platform to harm others or the Platform itself. You agree not to: (a) use the
Platform in any way that violates any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US or
other countries); (b) access or use the Platform to build a similar or competing service, website, or
application; (c) reverse engineer any portion of the Platform; (d) use the Platform for the purpose of
exploiting, harming or attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information or otherwise; (e) collect or store
personal data about other account users or attempt to gain access to other user accounts or otherwise
mine information about the Platform or the users of either; (f) use any robot, spider, or other
automatic device, process or means, to access the Platform for any purpose, including monitoring or
copying any of the material on the Platform; (g) introduce any viruses, trojan horses, worms, logic
bombs or other material which is malicious or technologically harmful; (h) attempt to gain
unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on
which the Platform is stored, or any server, computer or database connected to the Platform; or (i) use
any device, software, or technology to attack the Platform or otherwise attempt to interfere with the
proper working of the Platform.
IMPROPER USE OF THE PLATFORM, CONTENT, OR SERVICES WILL RESULT IN LOSS OF
YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES
AND ENFORCEMENT FOR DAMAGES TO THE FULLEST EXTENT OF APPLICABLE LAW.
Further, improper use of the Platform or any and/or all Content automatically terminates any rights set
forth in this Section 13 without prejudice to any other remedy provided by applicable law or these
Terms of Use.
14. Intellectual Property
Avid Ratings retains all right, title, and interest in and to the Platform, the services and any
information, products, documentation, software, or other materials on the Platform, and any patent,
copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in
any of the foregoing, except for information on the Platform licensed by Avid Ratings. You agree not
to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish,
broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or
redistribution of Avid Ratings trademarks, service marks, and logos are strictly prohibited without the
prior written permission of Avid Ratings. The immediately foregoing sentence also applies to any
third party trademarks, service marks, and logos posted on the Platform. Nothing contained on the
Platform should be construed as granting, by implication, estoppel, waiver, or otherwise, any license
or right to use any trademarks, service marks, or logos displayed on the Platform without the written
grant thereof by Avid Ratings or the third party owner of such trademarks, service marks, or logos.
The Platform may contain other proprietary notices and copyright information, the terms of which you
agree to follow.
15. Feedback
In the event that you provide comments, suggestions, enhancements or recommendations to the
Platform, products or services (including, without limitation, with respect to modifications,
enhancements, improvements and other changes to the products and services) (collectively,
"Feedback"). We always appreciate your Feedback and other suggestions about our products and
services; however, you should know that we may use them without any restriction or obligation to
compensate you, and we are under no obligation to keep them confidential. In accordance with this,
you hereby grant to Avid Ratings a world-wide, royalty free, irrevocable, perpetual license to use
Feedback for any purpose whatsoever.
16. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Avid Ratings is committed to being compliant with the Controlling the Assault of Non-Solicited
Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act
(“TCPA”). You consent to receive text messages from us as set forth in Section 8, above (Consent to
Receive Calls and Text Messages). Emails, newsletters, and text messages received from us are
intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email
or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the
TCPA, please contact us immediately at the address listed below under the section “Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit
Avid Ratings products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any
other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited
bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity;
(d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks,
or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and
regulated materials via the Internet. You agree to indemnify and hold Avid Ratings and its affiliates
harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and
hold Avid Ratings and its affiliates harmless against and from losses, damages, costs, and reasonable
attorney fees incurred in defending or resolving any suits brought against Avid Ratings or any of its
affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws,
statutes. Your Account will be terminated for any of the above infractions.
17. Linking to the Platform and Social Media Features
You may link to the Platform, provided you do so in a way that is fair and legal and does not damage
Avid Ratings’s reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on the part of Avid Ratings without the
express written consent. The website from which you are linking, or on which you make certain
content accessible, must comply in all respects with Content Standards set out in these Terms of Use.
18. Monitoring and Enforcement; Termination
Avid Ratings has the right to: (a) take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Platform, and (b) terminate or suspend
your access to all or part of the Platform for any or no reason, including without limitation, any
violation of these Terms of Use. Without limiting the foregoing, Avid Ratings has the right to fully
cooperate with any law enforcement authorities or court order requesting or directing Avid Ratings to
disclose the identity or other information of anyone posting any materials on or through the Platform.
Avid Ratings does not undertake to review the material before it is posted on the Platform, and cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, Avid Ratings
assumes no liability for any action or inaction regarding transmissions, communications or content
provided by any user or third party. Avid Ratings has no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
19. Disclaimer of Warranties
AVID RATINGS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM
WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY WEBSITE AND SERVICE, IS PROVIDED "AS IS," WITH
ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
AVID RATINGS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM
AND SERVICES, AND LINKED WEBSITES. AVID RATINGS DOES NOT WARRANT THAT
FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN
HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR
IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK
UP AND SECURITY.
YOU ACKNOWLEDGE THAT THE SERVICES YOU OBTAIN THROUGH THE PLATFORM
RELY ON THIRD PARTY PRODUCTS, PARTS, AND SERVICES, AND THAT AVID RATINGS
DOES NOT AND CANNOT GUARANTEE THAT RECEIPT OF SERVICES THROUGH THE
PLATFORM WILL CORRECT, REPAIR, OR PREVENT MALFUNCTION OF ANY THIRD
PARTY PRODUCTS.
WARRANTIES RELATING TO CERTAIN PRODUCTS OR SERVICES OFFERED, SOLD,
SERVICED, MAINTAINED, OR REPAIRED THROUGH THE PLATFORM ARE SUBJECT TO
SEPARATE WARRANTIES AND TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE
MANUFACTURER, SUPPLIER, OR OTHER THIRD PARTIES WITH THE APPLICABLE
PRODUCTS OR SERVICES. AVID RATINGS IS NOT RESPONSIBLE FOR ANY THIRD
PARTY PRODUCTS OR SERVICES OR ANY THIRD PARTY OR MANUFACTURER OR
SUPPLIER WARRANTIES OR WARRANTY OR REPAIR PROGRAMS. AVID RATINGS DOES
NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE
APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR
MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE
TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE. THE
SERVICING, MAINTENANCE, REPAIR, OR SALE OF THIRD PARTY PRODUCTS AND
SERVICES THROUGH THE PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OF
SUCH THIRD PARTY PRODUCTS OR SERVICES BY AVID RATINGS.
20. Limitation on Liability
IN NO EVENT WILL AVID RATINGS, ITS AFFILIATES OR THEIR RESPECTIVE
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER
WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM,
OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS
OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY ASPECT OF THE FOREGOING
LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE
LIABILITY OF AVID RATINGS, AND ITS AFFILIATES TO YOU WITH RESPECT TO THE
PLATFORM, OR SERVICES OR YOUR USE OF THE PLATFORM, OR SERVICES IS $5.00
(FIVE DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH
INDEMNIFICATIONS OR RELEASES.
21. Assignment
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Avid Ratings’s
prior written consent. Avid Ratings may freely transfer, assign, or delegate all or any part of the
Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding
upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
22. Force Majeure
We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms
of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including
without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical
shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
23. Indemnification
You agree to defend, indemnify and hold harmless Avid Ratings, its affiliates, business partners,
licensors and service providers, and its and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of
or relating to (i) your use or misuse of the Platform, products, services or any information posted on
the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter
of any information you provide to Avid Ratings, its affiliates and business partners; or (iv) any
negligent or wrongful act or omission by you in your use or misuse of the Platform, products,
services, or any information on the Platform, including without limitation, infringement of third party
intellectual property rights, privacy rights, or negligent or wrongful conduct.
24. Governing Law
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom
or related thereto (in each case, including non-contractual disputes or claims), shall be governed by
and construed in accordance with the laws of the State of Wisconsin without giving effect to any
choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform
shall be instituted exclusively in the federal courts of the United States or the courts of the State of
Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts
and to venue in such courts. You acknowledge that Avid Ratings has the right under the Terms of Use
to seek an injunction, if necessary, to stop or prevent a breach of your obligations under the Terms of
Use.
25. Arbitration
YOU AND AVID RATINGS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE
CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR
OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT,
INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR
RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES
THROUGH THE PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than
in court, and is subject to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. The arbitration will be administered by the American Arbitration
Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in
effect, except as modified by this Section 25. (The AAA Rules are available at www.adr.org/arb_med,
by calling the AAA at 1-800-778-7879, or by contacting us at our Notice address listed below.) You
agree that, by agreeing to these Terms of Use, the Federal Arbitration Act will govern the
interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or
enforceability of this arbitration provision, including any unconscionability challenge or any other
challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The
arbitrator will be empowered to grant whatever relief would be available in court under law or in
equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered
as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send Avid Ratings, by
certified mail, a written notice of your claim (a “Notice”) to PO Box 5527, Madison, WI 53705. If
Avid Ratings initiates the arbitration, it will send such Notice to you in accordance with this section.
A Notice, whether sent by you or Avid Ratings, must: (a) describe the nature and basis of the claim or
dispute; and (b) describe the specific relief sought (the “Demand”). If you and Avid Ratings do not
reach an agreement to resolve the claim within 30 days after the Notice is received, you or Avid
Ratings may commence an arbitration proceeding or file a claim in small claims court. The arbitration
or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You may download or copy of form Notice and a form to initiate arbitration at https://www.adr.org. If
you are required to pay a filing fee, after Avid Ratings receives the Notice at the address listed above
that you have commenced arbitration, Avid Ratings will promptly reimburse you for your payment of
the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible
for the filing fees.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing,
or by an in-person hearing as established by the AAA Rules. If you claim exceeds US $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based. If the arbitrator issues you an award
that is greater than the value of Avid Ratings last written settlement offer made before an arbitrator
was selected (or if Avid Ratings did not make a settlement offer before an arbitrator was selected),
then Neighborhood goods will pay you the amount of the award or US $1,000, whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will
be governed by the AAA Rules.
You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR
AVID RATINGS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR
IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate
more than one person’s claims and may not otherwise preside over any form of a representative or
class proceeding. The arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of
competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is
found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but
the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive
jurisdiction and venue for any claims will be as set forth above.
26. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE, OR THE PLATFORM MUST BE COMMENCED WITHIN SIX (6)
MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Waiver and Severability
No waiver by Avid Ratings of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and
any delay or failure on the part of Avid Ratings to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full force and
effect.
28. Entire Agreement
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Avid
Ratings with respect to the Platform and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, with respect to the Platform.
29. Contact Us
All feedback, comments, requests for technical support and other communications relating to the
Platform should be sent to support@homkeep.com.
