The terms and conditions stated herein including any referenced policies or documents (collectively, this "Agreement") constitute a legal agreement between you ("you" or "your") and Homeaglow, Inc. ("Homeaglow Staging," "Company," "we," "our" or "us"). By accessing or using the website located at https://homeaglowstaging.com ("Website") or receiving any services supplied to you by the Company (collectively, the "Service"), or downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://homeaglowstaging.com/terms or through the Service.

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software or upon notice to you of any changes regarding the Agreement, Services, or Software or any other information, which Company may provide through electronic mail to your email address on file with the Company, via your Account, postal mail, or any other communication method the Company deems proper. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at [email protected]

THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. IT IS UP TO THE THIRD-PARTY CLEANING SERVICE PROVIDER ("Service Provider") TO OFFER CLEANING SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY CLEANING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CLEANING SERVICES OR ACT IN ANY WAY AS A CLEANING SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CLEANING SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER. DETAILS OF THESE PROVISIONS ARE EXPLAINED BELOW.

YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, UNLESS OTHERWISE STATED, ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.


Table of Contents
  1. Eligibility
  2. Payment Terms
  3. ForeverClean Membership Autorenewal and Cancellation Terms
  4. Theft and Damage Policy
  5. Homeaglow Staging is Only a Platform and Not a Service Provider
  6. Additional Representations and Warranties
  7. Homeaglow Staging and Service Provider Communications
  8. License Grant & Restrictions
  9. Intellectual Property Ownership
  10. User-Generated Content
  11. Third Party Interactions
  12. Cash Back Program
  13. Indemnification
  14. Termination
  15. Disclaimer of Warranties
  16. Network Delays
  17. Limitation of Liability
  18. Notice
  19. Arbitration Agreement
  20. Assignment
  21. Additional Provisions
  22. Breach of This Agreement
  23. Notice to California Consumers
  24. Contact Information

Eligibility

By accessing or using the Software or Service, you expressly represent and warrant that you may legally enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to persons under the age of eighteen (18) or others who are not capable of entering into binding contracts. By accessing or using the Software or Service, you represent and warrant that you are at least eighteen (18) years old or the age of majority in your jurisdiction and otherwise have the authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your access or use of the Service and/or Software is for your sole, personal use. All commercial use of the Services and Software is strictly prohibited. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service.


Payment Terms

Any fees which the Company may charge you for the Software or Service are due immediately upon completion of your cleaning and are non-refundable. The Company reserves the right to determine final prevailing pricing based upon the details of your specific cleaning. Please note the pricing information published on the Website may not reflect the prevailing pricing.

The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. You may be charged a fee if you cancel within 6 hours of the appointment start subject to our Last Minute Cancellation Policy. If your Service Provider is unable to complete the agreed-upon service as a result of being locked out of, or otherwise denied access to, your home, you may be charged for your appointment in full. Please see our Help Center and our Last Minute Cancellation Policy and Lockout Policy, both which are incorporated in this Agreement. The Company may change the fees for our Service in its sole discretion. We encourage you to check back at our Website periodically if you are interested about how we charge for the Service.


ForeverClean Membership Autorenewal and Cancellation Terms

AUTORENEWAL TERMS: ForeverClean memberships will automatically renew on a recurring basis and your credit or debit card will be charged your recurring membership fee (taxes may apply) unless you cancel prior to your next billing cycle. Membership fees are due immediately upon renewal and are non-refundable. Thus, if you cancel after your membership is renewed, you will be charged for the entire renewal period regardless of when you cancel your ForeverClean membership.

CANCELLATION TERMS: ForeverClean memberships can be canceled online under your 'Account Settings' or by submitting a help ticket at our help center. Canceling your ForeverClean membership before your initial six month commitment term will result in your first cleaning being charged at full price at standard rates, which shall be calculated as the difference between the full price of your first cleaning at standard rates and the discounted price of your first cleaning (taxes may apply).

The cancellation terms discussed in this section shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.


Theft and Damage Policy

In the event of a potential theft or damage during your cleaning service, you must first reach out to your Service Provider. As a Homeaglow Staging customer, you have the option to request the Company to help mediate a resolution between you and the Service Provider within thirty (30) days of the completion of the service at which you believed theft or damage occurred. You will receive a confirmation email, and by requesting that Homeaglow Staging help mediate a resolution, you agree that Homeaglow Staging's decision is final and binding. In the event that you choose to involve Homeaglow Staging, you must complete the theft and damage claim form within thirty (30) days of receiving the form.

You will only be covered by our Theft and Damage Policy, which is incorporated in this Agreement, provided all of the below terms and conditions are met:

  • the requested cleaning service is paid in full through the Homeaglow Staging platform;
  • you have not violated this Agreement;
  • you reported the claim within thirty (30) days of the Service Provider's completion of the requested service;
  • you accounted for & secured all valuables prior to the start of the requested cleaning service

Below are the exclusions making you ineligible for a refund:

  • any cleaning service that is not booked and paid directly on the Homeaglow Staging platform;
  • lost/damaged items that have already been recovered by the police or replaced by the Service Provider;
  • losses of cash, third-party gift cards/vouchers, and securities;
  • losses for fine arts (includes but is not limited to paintings, etchings, photos, rare art glass, valuable rugs, sculptures, antiques, coins, stamps, other collectibles/collections, furs, jewelry, precious stones, precious metals, rare items, historical value);
  • losses based on sentimental and/or undocumented intangible value;
  • losses of pets, personal liability, or damage to common areas;
  • losses arising out of interruption of business, loss of market, loss of income, and/or loss of use;
  • losses from pre-existing damages or conditions of the item or property;
  • losses for items that retain their functionality (e.g. minor cosmetic damage/scratches, ordinary wear, and tear);
  • losses arising from the shipping cost and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
  • losses of theft without a valid police report, if requested by the platform, and losses with insufficient documentation;
  • losses arising from the acts or omissions of a requestor or the Service Provider;
  • losses arising from the negligence or misconduct of a third party;
  • losses involving products/services, or uses of either that are prohibited by law;
  • losses related to services not explicitly booked through the Website platform;

As part of Homeaglow Staging's resolution process, we will attempt to gather information and coordinate communication between you and the Service Provider. Once we receive sufficient information from both you and your Service Provider, we will review all documentation and, if applicable, determine your Service Provider's refund amount based on fair market value estimates and help process the payment for (1) the cost of your claim OR, (2) up to three (3) times the cost of your cleaning, whichever is lower. Most resolutions are reached within one (1) week, with the length of the resolution process varying depending on the severity of the case, the quality of documentation, and the cooperation of the requestor and Service Provider.


Homeaglow Staging is Only a Platform and Not a Service Provider

The Service is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or individuals seeking to provide cleaning services and for facilitating a contractual relationship between such parties. The Company checks the backgrounds of cleaning service providers via third-party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such cleaning by Service Providers. When interacting with cleaning Service Providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE SERVICE PROVIDER'S CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.


Additional Representations and Warranties

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.

By using the Software or the Service, you agree that:

  • You will only use the Service or Software for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
  • You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
  • You will not impair the proper operation of the network.
  • You will not try to harm the Service or Software in any way whatsoever.
  • You will not copy, or distribute the Software or other content without written permission from the Company.
  • You will only use the Software and Service for your own use and will not resell it to a third party.
  • You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.
  • You will provide us with whatever proof of identity the Company may reasonably request.
  • You will only use an access point or data account which you are authorized to use.
  • When requesting cleaning services by SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.

By submitting contact numbers and other information to Homeaglow Staging, you consent to:

  • Contact at the number(s) provided by Homeaglow Staging, Homeaglow Staging Cleaning Professionals, and its partners by telephone call and/or text message, including by calls or text messages made by an automatic telephone dialing system or other automated technology, even if you have opted-out of such calls through the National Do Not Call Registry (or state equivalent) or the internal do not call list of Homeaglow Staging or any other company, and
  • Calls or text messages can be revoked at any time by email to [email protected].

Homeaglow Staging and Service Provider Communications

In addition to appointment reminders sent to the email address and phone number provided during booking, you may contact us at homeaglowstaging.com/help. Additionally, Homeaglow Staging may provide an optional phone number that connects you with your Service Provider. These phone numbers are the property of Homeaglow Staging.

By providing your phone number, you expressly consent that your number(s) provided may be used to communicate with you, Homeaglow Staging, and your Service Provider unless and until you opt-out. You also represent that you are the subscriber on your phone number, and you agree to promptly update your phone number with us if your phone number changes. By providing your phone number and using the Service, you agree that Homeaglow Staging may, to the extent permitted by applicable law, use your phone number to send you calls, including pre-recorded or artificial voice calls, and, if such phone number is a mobile number, to send you text (SMS or MMS) messages, including text (SMS or MMS) messages with an automatic telephone dialing system or other automated technology, in order to assist with facilitating the requested services from the Service Provider even if you have opted-out of such calls through the National Do Not Call Registry (or state equivalent). You agree to receive such messages at any time, day or night, regardless of any state or federal time of day restrictions. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS or MMS) messages Homeaglow Staging sends you. Consent to receive automated marketing messages is not a condition of any purchase.

Message Frequency Varies. Message & data rates may apply. Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You may opt-out of receiving text (SMS or MMS) messages from us by replying with the word "STOP" to a text message from us or via email to [email protected]. You acknowledge that opting out of text (SMS or MMS) messages may impact your ability to use the Service.

You agree to Homeaglow Staging's use of a Service Provider to facilitate communication between you and your Service Provider when you communicate via call or text messages (SMS or MMS). For each Service Provider, you will be provided a telephone number provided by Homeaglow Staging. When you call or send text messages (SMS or MMS) to this telephone number, Homeaglow Staging and its Service Provider will receive in real time and store call data, including the date and time of the call or text message (SMS or MMS), the parties' phone numbers, and the content of the text messages (SMS or MMS). Homeaglow Staging will then send the identical message from your assigned phone number to your Service Provider. You agree to the process described above and to Homeaglow Staging's use and disclosure of this call data for its business purposes.

By using the Service, you acknowledge and agree that any incoming or outgoing calls, text messages (SMS or MMS), and other communications transmitted to or through the Service may be monitored and/or recorded for quality assurance purposes, including but not limited to assisting in the resolution of any disputes you may have with the Service, and hereby waive any notification requirement at the time of such recording to the maximum extent permitted under applicable law.


License Grant & Restrictions

The Company hereby grants you a limited, revocable, non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.


Intellectual Property Ownership

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.


User-Generated Content

By providing any information or other content to the Company directly or indirectly, for example by communicating, uploading, or posting to our Website, Services, and/or Software, third parties' website, and/or on social media platforms, you represent and warrant that all such information ("User Content") is truthful, accurate, complete, and lawful. You further represent that all User Content is owned by you and that your provision of the User Content does not violate any law or regulation or the rights of any third party, including, without limitation, intellectual property, publicity, and privacy rights. You agree to promptly inform us of all changes to any User Content or information or content that you have previously provided to us.

We reserve the right, but assume no obligation to, immediately terminate, with or without notice, the account of anyone suspected or found to be infringing on our or any third party's copyright. Additionally, by providing User Content, you expressly consent to our use of such User Content and our use of it for marketing purposes consistent with our Privacy Policy.

You are solely responsible for the security and privacy of any User Content that you disclose, download, or copy, whether provided by you or a third party. We take no responsibility and assume no liability for User Content provided by you or any third party. We reserve the right but not the obligation to monitor, edit, or remove any and all User Content provided by you or any third party for any reason. We also reserve the right to use, copy, and share any User Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services.

NOTHING HEREIN SHALL WAIVE YOUR RIGHT TO MAKE ANY STATEMENT REGARDING THE COMPANY, OUR EMPLOYEES OR AGENTS, OR CONCERNING OUR WEBSITE OR SERVICES.


Privacy; DMCA

Please visit our Privacy Policy at https://homeaglowstaging.com/privacy, which is incorporated in this Agreement, to understand how the Company collects and uses personal information. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service or Software should be sent to the Company at:

By Mail:
Copyright Agent
Homeaglow, Inc.
2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808

By Email: [email protected]


Third Party Interactions

During your use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service or otherwise interact with third party content. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, promotion, or interaction between you and any such third party. The Company does not endorse any third-party sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

The Company may rely on third-party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.


Cash Back Program

Cash Back. We offer the ability for you to earn Homeaglow Staging credits ("Credits") or cash back ("Cash Back") (collectively, "Rewards") on your purchases completed through the selected vendors in this program ("Select Services"). Participation in this program and the opportunity to earn Rewards are offered at the sole discretion of Company and subject to your compliance with this Agreement.

Submitting Information about Qualified Purchases. To qualify for rewards, you must upload receipts into the portal located at https://app.homeaglowstaging.com/rewards ("Rewards Portal") which reflect payments to Select Services. The receipt(s) that you upload for proof of payment at one of the Select Services: i) must be valued under $1,000 per service; ii) must have been paid by you; and iii) must be an authentic receipt issued by the Select Services (each such upload, a "Receipt"). Company reserves the right to verify the authenticity of any uploaded receipts prior to determining your eligibility for rewards, and by uploading your receipt you consent to the user of your data for the purpose of performing such validation and administering the Rewards, as further described in our Privacy Policy. Company will identify the amount of purchase credit eligible for Rewards for any Receipt in its sole discretion. The determination of whether a purchase made through a Select Services provider is at the sole discretion of Company.

Rewards Exclusions and Conditions. Rewards are earned based on the amount purchased on the uploaded receipt, excluding taxes, fees, shipping, discounts or credits, returns or cancellations, and extended warranties and any other items determined by Company in its sole discretion. If the Company determines, in its sole discretion, that a Receipt is invalid or violates the requirements above, it will not deem the Receipt eligible for rewards. In order to earn Rewards, you must have an active ForeverClean Membership, meaning that all payments due have been paid and the membership has not been subject of any cancellation request. As a condition of payment of accrued Rewards, you must also: (i) provide a valid email address that you own and are able to receive email; and (ii) provide your physical address. If you elect to receive payment via PayPal or Venmo, you must provide a valid PayPal or Venmo email address. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), be listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person" or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You agree to provide additional information we may request to verify your identity as a condition for receiving payment. Company reserves the right to discontinue or freeze payment in the event that we believe, in our sole discretion, that payment may violate any applicable law. Company reserves the right to delay payment for any purchase based on Company's suspicion or detection of fraud with your account or any anomalies detected by Company with your account. Company also reserves the right to modify the payment schedule at any time. Company is not responsible for payments delivered to the wrong address through no fault of Company or for payment errors made by payment partners, like PayPal.

Payment of Rewards. In order to receive Rewards, you will use the Rewards portal to elect the amount and type of Rewards. If you select payment by Venmo or Paypal, payment will be sent to the destination address you input. You are solely responsible for ensuring that you have provided accurate and complete Venmo or Paypal Information. The minimum payment amount for Rewards is $5.00. Company pays you Cash Back in U.S. dollars via PayPal or Venmo, and Credits via your Homeaglow Staging account. Credits can be used towards payment of future cleaning bookings but not towards ForeverClean membership month fees.

Account Adjustments. In our sole discretion, we may deduct Rewards from your account to make adjustments for: (1) returns and cancellations with respect to receipts uploaded or (2) any Rewards that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the terms set forth in this Agreement or any other applicable law or regulation. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, and any and all applicable laws, rules and regulations. It is your responsibility to check your account regularly to ensure that Rewards have been properly credited and paid and that your account balance is accurate. If you believe that Rewards have not been correctly credited to your account, you must contact Company support within thirty (30) days of the date of the transaction reflected on the Receipt. However, Company is not obligated to reissue any Rewards under any circumstances. YOUR SOLE REMEDY FOR ANY CLAIMS OR DISPUTES REGARDING THE REWARDS IS TO TERMINATE YOUR REWARDS ACCOUNT.

Taxes. You may be taxed on your receipt of Rewards depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any tax liability arising in connection with Rewards, and your indemnity obligations in these terms will apply to the extent Company is subject of any Claims in connection with your Rewards account.

Fraudulent Activity. We reserve the right to investigate any Receipts uploaded for any reason. We reserve the right to terminate, suspend, or revoke Rewards for any Rewards account that we believe, in our sole discretion, is abusing or has abused the program. Any failure to comply with this Agreement, any alleged fraud or abuse relating to the accrual or receipt of Rewards, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account and forfeiture of any accrued Rewards. Company reserves the right to pursue any and all remedies available under applicable law for negligence, fraud, or other malfeasance in connection with the Rewards.


Indemnification

By entering into this Agreement and accessing and/or using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, successors, assigns, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.


Termination

The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Software (or any part thereof) and (ii) refuse any and all current and future use of the Service or Software, suspend or terminate your account (any part thereof) or use of the Service or Software, for any reason, including if the Company believes that you have violated this Agreement or engaged in inappropriate conduct, including but not limited to: (i) abusive, harassing or vulgar language in spoken, written, email or other electronic form; (ii) threatening and/or violent behavior; (iii) fraud; (iv) theft or unauthorized removal or possession of Homeaglow Staging's property or the property of service providers; (v) unsafe behavior or practices (including but not limited to actions that pose a safety threat to a service provider or any other person); and (vi) falsification, material omissions or destruction of records. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Software. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.


Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Agreement that directly conflict with such laws may not apply to you.


Network Delays

THE COMPANY'S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.


Limitation of Liability

IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO THIRD-PARTY CLEANING SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING CLEANING SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY CLEANING SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY CLEANING SERVICE PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SOFTWARE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE.

THE QUALITY OF THE CLEANING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH CLEANING SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE, YOU MAY BE EXPOSED TO CLEANING SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE, AND SUCH THIRD-PARTY CLEANING SERVICES, AT YOUR OWN RISK.

BY USING THE SERVICE OR SOFTWARE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR SOFTWARE.

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Agreement that directly conflict with such laws may not apply to you.


Notice

The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information or any other communication method the Company deems proper. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may contact the Company at any time by any of the following: letter sent by confirmed facsimile to the Company at the following fax numbers (whichever is appropriate): 1-855-569-8783; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): Homeaglow Staging, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808, addressed to the attention of: Chief Executive Officer.


Arbitration Agreement

Using or accessing the Website constitutes your acceptance of this Arbitration Agreement ("Arbitration Agreement"). Please read it carefully as it provides that you and the Company waive any right to file a lawsuit in court or participate in a class action for matters within the scope of the Arbitration Agreement.

Scope of Arbitration Agreement

ALL DISPUTES, CONTROVERSIES, OR CLAIMS ("DISPUTES") ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION), ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, YOUR PURCHASE(S) FROM THE COMPANY, YOUR COMMUNICATIONS WITH THE COMPANY (WHETHER DIRECTLY OR THROUGH A THIRD PARTY), AND/OR VISITING THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR. YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY EXCEPT THAT (A) YOU MAY SEEK RELIEF IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY AND (B) YOU OR THE COMPANY MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS AND PATENTS). YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS BUT MAY BE CONSOLIDATED WITH OTHER ARBITRATIONS PURSUANT TO THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. ("JAMS") RULES CITED BELOW. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION AND CLASS ARBITRATION. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS OF USE PRECLUDES YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES.

Governing Law

The Federal Arbitration Act, codified at 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Arbitration Agreement. In all other respects, the laws of the State of Texas shall control (without regard to conflicts of law principles) the interpretation and enforcement of this Arbitration Agreement and this Agreement unless applicable law requires otherwise.

Pre-Arbitration and Arbitration Procedures and Rules

If you have a Dispute, you agree to first contact us by email at [email protected] to attempt to resolve the Dispute informally. If the Dispute cannot be resolved through such informal process or through negotiation within sixty (60) days, you and the Company agree to resolve the Dispute through binding and final arbitration pursuant to this Arbitration Agreement instead of through court proceedings unless permitted by this Arbitration Agreement.

Unless modified by this Arbitration Agreement, the arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures located at https://www.jamsadr.com/rules-streamlined-arbitration for individual claims totaling less than $250,000, and the Comprehensive Arbitration Rules and Procedures located at https://www.jamsadr.com/rules-comprehensive-arbitration/ for all other claims. The JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all arbitrations to which those procedures apply. If JAMS is not available to arbitrate, the parties will agree upon an alternative arbitral forum.

Arbitration Forum

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances, and in accordance with applicable laws. If the parties are unable to agree on a location, such determination should be made by the applicable rule-making authority or by the arbitrator.

Authority of the Arbitrator

The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable; and (c) resolve all Disputes within the scope of this Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the same authority to award relief on an individual basis that a judge in a court of law would have, including to grant temporary, interim, or permanent injunctive relief (including public injunctive relief), and relief providing for specific performance of this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and the Company.

The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Jury Trial Waiver

YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY UNLESS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

No Class Actions or Class Arbitrations Permitted

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. This means that neither you nor the Company may bring a claim as a plaintiff or class member in a class action or class arbitration. Notwithstanding the foregoing and anything else in this Arbitration Agreement, individual arbitrations may be consolidated pursuant to applicable JAMS rules, and the JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all arbitrations to which those procedures apply. Nothing in this Arbitration Agreement, including this section, is intended to limit the relief available to you in small claims court. Nor does anything in this section limit your or the Company's ability to resolve a Dispute by mutual agreement through a class-wide settlement of claims, whether through mediation or otherwise.

Severability and Survival

If any provision of this Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement and the Agreement shall continue in full force and effect. The Arbitration Agreement survives the termination of your relationship with the Company.

30 Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Arbitration Agreement by sending written notice of your decision to opt out by emailing us at [email protected] with the subject line "Arbitration Opt-Out". The notice must be sent within thirty (30) days of accepting the Terms; otherwise, you shall be bound to arbitrate Disputes in accordance with the terms in this Arbitration Agreement. If you timely opt out of these arbitration provisions, the Company also will not be bound by them. If you opt out of this Arbitration Agreement, all other provisions of the Agreement shall apply.


Assignment

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.


Additional Provisions

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable by a court, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect. The failure or delay of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.


Breach of This Agreement

Without prejudice to the Company's other rights under these terms and conditions, if you breach this Agreement in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.


Notice to California Consumers

With respect to any electronic commercial service offered on or through the Website, California residents are entitled to the following specific consumer rights information. The provider of this Website is Homeaglow, Inc., 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808, (650) 513-0078. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952-5210.


Contact Information

The Website is operated by Homeaglow Staging. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].