This terms of service was last modified on Dec 3, 2018.
Welcome to Housecall Pro, a technology service (“Service”) operated by Codefied Inc. (“Housecall Pro,” “we,” “our,” or “us”) that enables service professionals (“Pros,” or "you") to run their business operations.
ACKNOWLEDGEMENT & ACCEPTANCE
By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (“TOS” or “Agreement”). This Agreement applies to Pros who access the Service (“Users”).
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or by notifying Pros directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.
Use of the Service is permitted only by individuals who can form legally binding contracts under applicable Law. If you do not qualify, do not use the Service. You may not use our service for any unlawful purposes or in furtherance of illegal activities.
SERVICE DATA YOU PROVIDE AS A PRO
To use the Services, You may be required to provide to us, directly or indirectly, with the following types of information, which shall be referred to collectively as “Service Data”:
We require Pros to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in those Business Profiles. Pros are required to warrant that the information they submit is complete, accurate and current.
Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Pros are required to warrant that the information they submit is complete, accurate and current.
Insurance and Bonding
Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While we do not verify this information, Pros are required to warrant that the information they submit is complete, accurate and current.
Individual customer data entered or imported by Pros shall remain the property of the Pro. We will not send marketing content to a Pro's customers without the consent of the Pro.
Service Pricing Data
Service pricing data entered or imported by Pros shall remain the property of the Pro. We will not share the individual price data with a third party without the consent of the Pro.
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
HOW WE USE SERVICE DATA
1. Provide relevant data to our Service and third-party applications (“Apps”) that utilize functionality from Your account to fulfill their services; 2. Send communications on Your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering Your marketing promotions; 3. Make Your services available on our and third-party Booking Services that You authorize; 4. Generate invoices to You and collect payment thereon; 5. Verify Your identity and prevent fraud or other unauthorized or illegal activity; 6. Analyze and create anonymized aggregate industry trends and analytics to improve the product and create new features; 7. Provide customer support to You; 8. Use the names, trademarks, service marks and logos associated with Your company to promote the Service; 9. And any other use that we, or a third-party App, describe at the point where we collect data or information with Your consent. Aggregated & Statistical Service Data Rights. Housecall Pro shall own all right, title and interest to any anonymized aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If Housecall Pro does not automatically own any anonymized aggregated and statistical data upon its creation, You hereby assign all right, title and interest in and to such aggregated and statistical data to Housecall Pro. SUBSCRIPTION FEE FOR USE OF HOUSECALL PRO
Housecall Pro has various levels of service that are billed on a subscription basis. When you sign up for a subscription-billing based account, you agree to allow us to bill your credit card (or other payment method) for all due charges. We will re-bill for any failed billing or past-due amounts. Subscription fees will not be prorated or refunded. We will bill you a full period’s subscription fee regardless of whether you cancel within that period, unless the cancellation is within our Money-back guarantee window.
In select agreements, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments after your first subscription. To cancel your service and request a refund, please email us at cancellations [at] housecallpro [dot] com.
PAYMENT PROCESSING TERMS FOR PROS
Card Not Present
You acknowledge that all Card transactions are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
We will review some or all of the information that you submit in connection with your request to sign up for the Service. We may forward such information on to our payments processor. After you submit your application, we or our processor may conclude that you will not be permitted to use the Service.
We may impose various transaction limits and rules on Pros. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at its sole discretion whether to honor such requests. We will consider a variety of factors in making its decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
Payment Processing Fees
You agree to pay a payment processing fee in addition to our platform fee. We reserve the right to change our fees.
Access to Your Funds
We will deposit to your bank account the amounts actually received by us for transactions submitted through the Service (less any applicable Fees). We reserve the right to revise our payout schedule. Once your US bank account information is verified, we will automatically initiate a payout to your designated bank account at the end of every business day except as provided below. Payouts to your bank account will normally register within 2-3 business days subject to your bank’s policies.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error will be deemed a waiver of any right to amounts owed to you.
Restrictions on Availability of Funds
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related to Pro account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations, our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.
Our Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the Card Association or our processor from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Pros account deficit balances unpaid by you.
If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.
If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
You are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to your account.
Refunds and Returns
You agree to process returns, and provide refunds and adjustments for, your goods or services through your Pro account in accordance with these terms and Card Association Rules. Card Association Rules require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer’s Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or Service on your behalf.
We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your bank account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your bank account. We will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
SMS NOTIFICATION, CHAT, AND PHONE NUMBER
Default phone number
We will provide a default notification phone number for your business. This phone number will send job related notifications to your customers when notifications are turned on. Customers will not be able to respond to messages sent from this default number.
Company specific notification phone number
You will be able to add the company specific phone number feature for an additional monthly charge if your Housecall Pro subscription includes access to the feature. You may be able to choose the area code in which the company specific phone number is located. This number cannot be changed once it is chosen.
Notification phone number transferability
Company specific notification phone numbers are not transferable. Your company specific notification phone number will be held for ninety (90) days if you cancel your subscription.
Restrictions and limitations
If we have reasonable suspicion of misuse, we may temporarily suspend or deactivate your phone number functionality.
Messages from us to you
You authorize Housecall Pro, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to Housecall Pro for advertisement, telemarketing, solicitation or other purposes, using an automatic telephone dialing system or a prerecorded voice to deliver a message. You can unsubscribe from these messages in the settings of your account.
Housecall Pro offers the ability for consumers (“Consumers”) to book your services, interact with you during your services, view line items and work progression, sign-off on your services, and pay for your services through the Housecall booking app and website, and other third-party booking services (collectively “Booking Services”). Consumers can utilize Booking Services functionality at job inception by ordering through a Booking Services provider, or after the job has started by linking a consumer Housecall account to a job that is transacted for them.
All Pros participating in Booking Services are required to follow a code of conduct to create a thriving ecosystem of satisfied customers that will help grow your business.
Stay on Platform: If you receive a job request or a message through Booking Services, you are expected to complete the job through the originating Booking Services provider. It’s important for a customer to have a consistent experience with notification, work, and billing. Be Responsive: Your customers expect prompt communication, do your best to get back to them within 24 hours. Book customers quickly. Get Approval: Provide your customers with up-front estimates for work you’re qualified to do before you start the job. Get customer approval for any additional charges before closing out. Set Expectations: Always use the “On my way” button when heading to a job. Show up to your scheduled jobs on time or notify your customer in advance if you need to reschedule. Be Yourself: You were requested, so you’re expected to be the person showing up and doing the work. If you’re sending someone on your behalf, use the dispatch functionality built-in to the app. Be Professional: Use our messaging feature for business only. We reserve the right to read through messages if a customer reports abuse. Follow Through: Complete every job to the best of your ability. If you receive a negative review from a customer, you are responsible for correction or reimbursement if warranted. Promote Other Pros:If you can’t perform a request, recommend another Housecall Pro in your place - what goes around comes around. Be the Best: Provide quality work for every customer - they will rate you accordingly. We reserve the right to remove you from the Booking Services for failing to adhere to the code.
Relationship between Housecall and Pros
Housecall Pro and Pros are separate entities and the employee of one of those entities is not an employee of another entity. We are not an agent of the Pros and vice versa. We provide a referral service to Pros. In no event will Housecall Pro be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
Booking Services Participation
Pros may opt-out of the Booking Services. By participating in the Booking Services, Pros agree to pay a referral fee that shall be automatically deducted from any monies earned from a job. Pros also acknowledges and consents that by participating in the Booking Services, their customers will receive communications via text and email about upcoming jobs. These communications may include a link to the Booking Services provider.
Booking Services Data
Consumers of Booking Services have the ability to order and transact service work through a Booking Services provider. Consumers on those platforms have the right to access and use service work data for all services performed on properties they own within Pro service records. Consumers may be able to create an account with the Booking Services provider and are additionally subject to the terms and conditions of the Booking Services provider.
Booking Services Referral Fees
We may charge a referral fee for each job that is completed for a Booking Services Consumer. The rates for this fee shall be disclosed upfront and are subject to change.
Booking Services Referral Fee Exclusion for a Pro's Existing Customers
Pros will not a pay a referral fee for customers that were previously existing customers of a Pro. To be properly credited for this, the customer must be linked to the Pros account prior to the origination of a job. To link to a Pro, one of the following must occur: 1) the customer must enter a Pro's "app code" in the Housecall booking app before booking a job or having a job booked on their behalf by the Pro, 2) the customer must register with the Housecall booking app by clicking the link in the text or email that is sent by the Housecall Pro service as part of a job workflow, or 3) the confirmed email that the customer uses to register or originate a job with must match the email address that the Pro's has on file for a customer in their own database before a job is ordered.
INTERACTIONS AND DISPUTES WITH CONSUMERS
No Warranty or Endorsement of Pros Services
WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. WE DO NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PROS OR THE PROS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
Relationship Between Pros and Consumers
PROS ARE SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH CONSUMERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. WE ARE NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS.
IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE US, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, PROS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Blocking of IP Addresses and UDIDs
In order to protect the integrity of the Service, we reserve the right, at any time, in our sole discretion, to block Users from certain IP addresses and UDIDs from accessing the Service.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.
TERMINATION OF ACCOUNT
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to cancellations [at] housecallpro [dot] com. If you terminate your account, your account will be disabled within 14 days. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in the sole discretion of us. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. If you are due a refund for canceling your paid account, a refund will be issued to you within 14 days of request to cancel.
JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Housecall Service be instituted more than three (3) years after the cause of action arose.
Pros agree to indemnify, defend and hold harmless Housecall Pro, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Pros, except to the extent such loss is caused by our sole negligence.
NO THIRD PARTY BENEFICIARIES
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Housecall Pro and the Pros, any benefit, right or remedy.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Pros, Release, No Warranties, Limitations of Liability, all provisions in the Content on Service section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.