Terms and Conditions
Introduction
Thank you for visiting the website operated by HomeTek Services, LLC (the “Website”). Throughout the Website, the terms “we,” “us,” and “our” refer to HomeTek Services, LLC. We offer the Website to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
Agreement
Because this page contains legal obligations, including, but not limited to, limitations on liability, arbitration provisions, and a class action waiver, please read these Terms and Conditions carefully. By accessing, viewing, or using the Website or any services offered through it, (i) you acknowledge that you have read, understand, and agree to be bound by and subject to these Terms and Conditions and our Privacy Policy (collectively, the “Terms of Use”), unless separate terms are offered by you in writing and accepted by us, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the goods and services described on the Website. If you do not agree to all of the Terms of Use, you may not access the Website or use any of its services.
Modification
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on the Website. The date on which these Terms and Conditions were last updated is noted at the top of this page, and the revised Terms and Conditions will take effect seven (7) days after their publication on the Website. Your continued use of the Website after any such changes constitutes acceptance of those changes, to the extent permitted by law.
License
This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Website solely for your personal use or your internal business purposes. You may not (i) use, copy, store, reproduce, transmit, distribute, rent, lease, sell, transfer, license, sublicense, or commercially exploit the Website in any manner not expressly permitted by this agreement; (ii) modify, alter, decompile, disassemble, reverse engineer, translate, or create derivative works of the Website; (iii) interfere with, access, link to, or use any source code contained in the Website; or (iv) erase or remove any proprietary or intellectual property notice contained in the Website or other services provided by HomeTek Services, LLC.
Site use
By accessing and using the Website, you acknowledge and agree that it is your sole responsibility to (i) maintain your compliance with this agreement; (ii) abide by all applicable local, state, and federal laws, regulations, policies, and guidelines with respect to your use of the Website; and (iii) assume all responsibility for your use, and the results of your use, of the Website, including meeting any of your contractual requirements with third parties and other persons.
Copyrights and trademark
All content within the Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, structure, arrangement, products, and information (collectively, the “Content”) are owned, controlled, and licensed by us and/or our licensors. Any rights granted in this agreement are expressly licensed and revocable at any time in our sole and absolute discretion. You shall not, nor will you allow any third party to reproduce, modify, display, perform, publish, distribute, disseminate, create derivative works from, broadcast or circulate to any third party, or otherwise use, any Content without our express prior written consent. All names, logos, and icons identifying us and our products and services are proprietary trademarks of us and/or our affiliates, and any use of such trademarks without our express written permission is strictly prohibited.
Privacy
We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. For additional information regarding our collection and use of your information in connection with the Website, please see our Privacy Policy.
SMS and auto-dialed calls
If you provide a telephone number and expressly opt in to receive information via recurring telephone call, email, and/or SMS/text message—including through the use of an automatic telephone dialing system or artificial/prerecorded voice—where such an opt-in is presented on the Website or otherwise obtained in writing, you consent to those communications in accordance with applicable law. Consent is not a condition of purchasing goods or services from HomeTek Services, LLC where prohibited by law. You may opt out of SMS by replying “STOP” to any message you receive, and you may request additional assistance by replying “HELP.” Standard message and data rates may apply. Message frequency may vary.
Representations and warranties
You represent and warrant to us that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use the Website or the Content for any purpose or in any manner that violates any law or regulation or infringes the rights of us or any third party; (iv) any information or data you provide will not violate any law or regulation or infringe the rights of us or any third party; (v) all information that you provide to us in connection with the Website (for example, name, email address, telephone number, and/or other information) is true and accurate; and (vi) you are authorized and able to fulfill the obligations and meet the conditions of a user as specified herein.
Warranty disclaimers
WE DO NOT WARRANT, GUARANTEE, OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND.
Limitation of liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, OR LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, TOTAL LIABILITY OF US FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, discharge, release, and hold harmless us and our officers, directors, shareholders, employees, agents, representatives, affiliates, third-party information providers, licensors, contractors, and others involved in the delivery of products, services, or information through the Website, from and against any claims, damages, losses, or expenses arising from, in connection with, or relating to (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) your transmissions, submissions, or postings; and/or (v) any personal injury or property damage caused by you. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the indemnified parties in connection therewith.
DMCA notice
Pursuant to the Digital Millennium Copyright Act (DMCA) safe harbor, 17 U.S.C. § 512(c), if you believe that anything on the Website infringes a copyright that you own or control, you may file a notice of alleged infringement that complies with the requirements of 17 U.S.C. § 512(c)(3) with our designated agent at [email protected] (please include “DMCA Notice” in the subject line) or by mail to HomeTek Services, LLC, 2000 East Lamar Boulevard, Suite 600, Arlington, TX 76006. A copy of your notice may be forwarded to third parties, including for publication or annotation. Your correspondence, with personal information redacted where appropriate, may be forwarded to databases that publish such notices (for example, the Lumen database).
Foreign users
We make no representation that materials on the Website are appropriate or available for use in other locations. If you access the Website from outside the United States, you understand that the Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. If you are a resident of a country other than the United States, you agree that (i) you have voluntarily sought and established contact with us; (ii) you will not use, transmit, disseminate, or upload any material or content that would violate applicable laws or regulations in your country of residence; (iii) under no circumstance shall we be deemed liable under any laws other than those of the United States except as required by applicable mandatory law; (iv) your participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) you consent to having your data processed in the United States.
Governing law
This agreement will be construed, enforced, and governed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws. The state and federal courts in Tarrant County, Texas shall have exclusive jurisdiction and venue over all controversies arising out of or relating to this agreement, and you consent to such jurisdiction and venue. Any claim you may have against us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this agreement, to the extent permitted by law, and that each party may seek attorneys’ fees in any proceeding where authorized by law.
Binding arbitration
The parties agree to submit any dispute arising out of or relating to the Website or this agreement to binding arbitration conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in Tarrant County, Texas, rather than in a court of law, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction where permitted by law. The arbitration award shall be in writing, and the arbitrator shall provide written reasons for the award. The award shall be final and binding and may be entered and enforced in any court of competent jurisdiction.
Notice of claim
For all disputes you may have, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute by providing written notification to [email protected] or through the contact section of the Website, stating: (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek.
No class actions
To the extent allowed by law, you and we each agree to waive any right to pursue disputes on a consolidated or class-wide basis.
Severability
If any provision of this agreement is found to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, the remainder of this agreement shall continue in effect to the fullest extent permitted by law.
Relationship of the parties
The relationship between you and us is and shall be that of independent contractors.
Termination
We reserve the right at any time and on reasonable grounds, including but not limited to suspected fraud, illegal activity, or actions that violate any term or condition of this agreement, to suspend or terminate your access to the Website to protect our name, business, goodwill, and/or other users.
California consumer notice
Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Entire agreement
This agreement, together with our Privacy Policy, represents the entire agreement between you and us regarding the subject matter herein, and supersedes all prior understandings on that subject unless otherwise agreed in writing.
Miscellaneous
The headings in this agreement are for convenience of reference only. If you have questions, comments, concerns, or feedback regarding this agreement or our services, contact us at [email protected] or at HomeTek Services, LLC, 2000 East Lamar Boulevard, Suite 600, Arlington, TX 76006.