TERMS OF USE

Home Service Enterprises, LLC, d/b/a MyHouseRight (“MHR”) provides a number of services for

consumers including, but not limited to residential home services, along with the ability to hire, and

review a variety of residential home service providers (“Service Providers”). While MHR does provide

services to assist with residential home services, MHR is a referral service.

DEFINITIONS

The terms "you", "your", “user” and Member refers to the (“User) of the Sites and Services.

Upon signing up for Membership Benefits, a User may alternatively be referred to as a Member.

ACCEPTANCE OF TERMS

The following Terms of Use outline your obligations when using the MHR websites, mobile applications,

and services AND SUPERSEDES AND REPLACES ANY INCONSISTENT STATEMENT(S) IN ANY OF OUR SITES

AND SERVICES. The MHR website available at www.myhouseright.com, the MHR mobile application, all

related sites and mobile applications, along with the various content, features, and services offered on

and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and

operated by MHR and can only be accessed and used by you under the Terms of Use described below

(“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE

SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE

TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

GEOGRAPHIC COVERAGE

Please be advised that while the Sites may be accessed by you in any geographic area currently, the

Services are only provided in the geographic areas as identified in the Sites. In the future, the

geographic area of the provision of Services will be expanded to include additional geographic areas.

MODIFICATIONS OF TERMS OF USE

MHR may, in its sole discretion, modify these Terms of Use at any time effective upon posting the

modified Terms of Use on and in connection with the Sites and Services, with or without additional

notice to you. You are responsible for regularly reviewing information posted on the Sites and Services

to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to

immediately stop using the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER

SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY

THE MODIFIED TERMS OF USE.

MHR’S SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall

be subject to any posted agreements, guidelines, or rules applicable to such services or features that

may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by

reference into the Terms of Use.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, MHR grants authorized users a nonexclusive,

nontransferable, non-sub licensable, terminable license to access and use the Sites and Services for your

personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute,

transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for

your personal use and as described in these Terms of Use, without the express written consent of MHR.

MHR may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole

discretion for any or no reason, at any time and with or without notice. MHR shall not be liable to any

user or other third party for any such modification, update, suspension or discontinuance.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any

ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works,

or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites

and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose

not reasonably intended by MHR.

By way of example, and not as a limitation, you agree not to:

*Violate these Terms of Use, other applicable agreement with MHR, and any applicable local, state,

national or international law, and any rules and regulations having the force of law;

*Use the Sites and Services in any manner that violates any relevant law or that infringes,

misappropriates or violates any third party’s rights, including, but not limited to, transmitting any

Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights,

fiduciary rights or intellectual property rights;

*Use the Sites and Services or its Content for any purposes not authorized by these Terms of Use,

including commercial, political, or religious purposes, including the submission or transmission of any

Content that contains advertisements, promotional materials, junk mail, or any other form of

solicitation;

*Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any

commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your

personal purchasing decisions, without the express written consent of MHR, which consent may be

withheld by MHR in our sole discretion;

*Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an

unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere

with the proper working of the Sites and Services or any activities conducted on the Sites and Services;

*Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your

contact or other information, misrepresent a relationship with any person or entity, including

misrepresenting a relationship with MHR, or otherwise attempt to mislead others as to the identity of

the sender or the origin of a review or rating;

*Knowingly provide or submit false or misleading information;

*Use the Sites and Services if you are under the age of eighteen (18);

*Take any action that would undermine the review and rating process under the Sites and Services;

*Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer

systems or networks connected to the Sites and Services;

*Use the Sites and Services in any way that could interfere with the rights of MHR or the rights of other

users of the Sites and Services;

*Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other

systems or networks connected to the Sites and Services or to any server used by MHR by hacking,

password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain

password, account, or any other personal or private information from any other Sites and Services;

sell, share, or otherwise transfer your account username, password, other information, or your rights or

obligations under these Terms of Use;

*Transmit or submit any transmission or other materials that are encrypted or that contains viruses,

Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is

likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites

and Services;

*Access, download, monitor, or copy any information contained on our Sites and Services through

artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other

automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual

process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites

and Services or any content, to obtain or attempt to obtain any Content, materials, documents or

information through any means not purposely made available through the Sites and Services; or

*Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and

Services, nor breach the security or authentication measures on or of the Sites and Services or any

network connected to the Sites and Services.

*You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and

Services, or any other customer of MHR, including any MHR account not owned by you, to its source, or

exploit the Sites and Services or any service or information made available or offered by or through the

Sites and Services, in any way where the purpose is to reveal any information, including but not limited

to personal identification or information other than your own information, except as expressly

authorized by MHR and provided for by the Sites and Services.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and

use certain services and features. We may require that you provide login information such as a

username and password to access and utilize your account. As a condition of your use of the Sites and

Service, you agree to (a) provide MHR with true, accurate, current and complete information as

prompted by the MHR’s registration forms, when registering for or using the Sites and Services and (b)

update and maintain the truthfulness, accuracy and completeness of such information. You are

responsible for maintaining the confidentiality of any password or other account information not

generally available to others and are fully responsible for all activities that occur under your username

and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial

or overlapping accounts may result in account termination. Please contact us if you have questions

about managing multiple accounts.

SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

you grant to MHR a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and

sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create

derivative works from, incorporate such Content into other works;

*You grant to MHR all rights necessary to publish or refrain from publishing your name and address in

connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this

license cannot be terminated by you once your Content is submitted to the Sites and Services;

*You grant to MHR all rights necessary to prohibit the subsequent aggregation, display, copying,

duplication, reproduction, distribution, or exploitation of your Content by any other party;

*Your name and report information may be made available to the public and to the Service Providers on

which you report;

*You represent that you own or have secured all legal rights necessary for the Content submitted by you

to be used by you, MHR, and others as described and otherwise contemplated in these Terms of Use;

you represent and warrant that each person identified, depicted, or shown in in your Content, if any,

(and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content

consistent with these Terms of Use;

*You are solely responsible for your reviews and ratings;

*MHR may, in its sole discretion, choose to remove or not to remove reviews and ratings once

published;

*You will not submit any reviews that may be considered by MHR to be infringing, harassing, libelous,

abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or

otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise

objectionable;

*All of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the

Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual

first-hand experience with a health care or wellness provider whereby you have the legal authority to

disclose such health information and experience of such individual;

*All of your reviews and ratings of the Service Providers that you are rating will be accurate, honest,

truthful, and complete in all respects;

*You do not work for, own any interest in or serve on the board of directors of, any of the Service

Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption

or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit

reviews or ratings;

*You have not received any form of compensation to post reviews and ratings;

*You will submit thorough and thoughtful reviews of the Service Providers you review (for example,

submitting a review describing a service contractor as “He/She is great.” Without additional

commentary is not a thorough and thoughtful review);

*You will not submit reviews that comment on other users or the reviews of other users;

*You will not submit reviews with hyperlinks; or

*The reviews and ratings that you provide do not reflect the views of MHR, its officers, managers,

owners, employees, agents, designees or other users.

PUBLICATION AND DISTRIBUTION OF CONTENT

MHR does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted

to or through the Service. You acknowledge that MHR simply acts as a passive conduit and an interactive

computer service provider for the publication and distribution of Content. Also, for the publication and

distribution of any content posted by Service Providers in response to Content (“Service Provider

Content”). You understand that all Content and Service Provider Content posted on, transmitted

through or linked through the Service, are the sole responsibility of the person from whom such Content

originated. You understand that MHR does not control and is not responsible for Content or Service

Provider Content made available through the Service, and that by using the Service, You may be exposed

to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your

own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.

You further acknowledge that MHR has no obligation to screen, preview, monitor or approve any

Content or Service Provider Content, or Content posted or submitted by any other MHR member or any

Service Provider. However, MHR reserves the right to review and delete any Content that, in its sole

judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is

solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness,

completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise

convey through the Service. Under no circumstances will MHR be liable in any way for any Content or

Service Provider Content, including, but not limited to, any Content or Service Provider Content that

contains any errors, omissions, defamatory statements, or confidential or private information or for any

loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content

submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or

assert any claim against MHR relating to Content or Service Provider Content, and release MHR from

any and all liability for or relating to any Content or Service Provider Content.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful

by visiting Member Support (for copyright complaints, please see below). Please note that you may be

liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are

uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that MHR may establish general practices, policies and limits, which may or may not be

published, concerning the use of the Sites and Services, including without limitation, the time that

reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from

an account, the length of reviews and ratings sent, and the maximum number of times and the

maximum duration for which you may access the Sites and Services in a given period of time. You agree

that MHR has no responsibility or liability for the deletion or failure to store any Content or other

materials maintained or transmitted by or through the Sites and Services. You agree that MHR has the

right to change these general practices and limits at any time, in its sole discretion, with or without

notice.

MEMBERSHIP BENEFITS

The current MHR Membership Benefits include, but are not limited to the following: Punch List Planner;

Bid it, Fix it, Pay it Application; VID Scan; House Measurements; Drone Footage; Project Dispute

Resolution; Project Preferred Pricing; Home Improvement Coaching; Wishlist Functionality; Completed

Project Record. Membership Benefits may be updated at any time. If you enroll in the MHR

Membership Benefits, you will be charged on a recurring basis.

THE RIGHT GUY AND VID SCAN

The Right Guy and VID Scan services are provided in accordance with the MHR Terms of Use as

described on our Sites.

REAL ESTATE PROFESSIONALS

MHR may work with independent real estate professionals in connection with the Services identified

herein to some degree. By MHR working with real estate professionals, neither the real estate

professional nor MHR is vouching for or involved in the provision of the other parties services.

SERVICE PROVIDERS

MHR does not endorse and is not responsible or liable for any Content, data, advertising, products,

goods or services available or unavailable from, or through, any third party or Service Provider. You

agree that should you use or rely on such Content, data, advertisement, products, goods or services,

available or unavailable from, or through any third party or Service Provider, MHR is not responsible or

liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection

with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and

any other terms, conditions, representations or warranties associated with such dealings, are between

you and such Service Provider exclusively and do not involve MHR. You should conduct whatever due

diligence or investigation or use other resources that you deem necessary or appropriate before hiring

or engaging Service Providers.

MHR cannot guarantee that additional services will need to be provided and in any event MHR is not

responsible for additional services.

Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services

for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we

may provide links or otherwise direct you to third party or Service Provider websites. MHR does not

control or operate any such third party or Service Provider websites. Any information you provide to

these third party or Service Provider websites while on these third party or Service Provider websites is

subject to the respective policies of those third parties or Service Providers, and not MHR’s policies. It is

your responsibility to review such third party or Service Provider policies, including any relevant privacy

policies. You agree that MHR will not be responsible or liable for, and does not endorse any content,

advertising, goods or services provided on or through these outside websites or for your use or inability

to use such websites. MHR does not make any representations or warranties as to the security of any

information (including, without limitation, credit card and other personal information) you might be

requested to give to any third party or Service Provider sites. You use these third party or Service

Provider websites at your own risk.

You agree that MHR is not responsible for the accessibility or unavailability of any Service Provider or for

your interactions and dealings with them, waive the right to bring or assert any claim against MHR

relating to any interactions or dealings with any Service Provider (which includes, but is not limited to,

health care and wellness providers), and release MHR from any and all liability for or relating to any

interactions or dealings with Service Providers (which includes, but is not limited to, health care and

wellness providers).

Without limiting the foregoing, your correspondence or business dealings with, consumption of

products or services of, or participation in promotions of, third parties or Service Providers found on or

through the use of the Sites and Services, including payment for and delivery or fulfillment of related

goods or services, and any other terms, conditions, warranties, or representations associated with such

dealings, are solely between you and such third party. You agree that MHR shall not be responsible or

liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings

or as the result of the presence of such third parties or Service Providers on the Sites and Services.

TERMINATION

MHR may terminate your privilege to use or access the Sites and Services immediately and without

notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or

using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and

Services. Furthermore, you acknowledge that MHR reserves the right to take action whether it be by

technical, legal or otherwise to block, nullify or deny your ability to access the Sites and Services. You

understand that MHR may exercise this right in its sole discretion, and this right shall be in addition to

and not in substitution for any other rights and remedies available to MHR.

All provisions of these Terms of Use which by their nature should survive termination shall survive the

termination of your access to the Sites and Services, including, without limitation, provision regarding

ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

MHR, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and

service names are the trademarks or trade dress of MHR in the U.S. and/or other countries. These

trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain

names, keyword advertisements, or email addresses, or in connection with any product or service in any

manner that is likely to cause confusion.

All Content and material made available on the Sites and Services is protect by copyright law. Aside from

user-submitted Content, all other materials and other information on the Sites and Services, including,

but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data

compilations and software are the exclusive property of MHR and/or its licensors and are protected by

all United States and international copyright laws.

User grants to MHR, MHR employees and third parties fulfilling Quote the right to take photographs of

the Premises where Services will be performed and all work performed at the Premises related to this

Quote, and irrevocably grants to MHR all right, title, interest in and to the photographs for use in all

markets and media, worldwide, in perpetuity. User authorizes MHR to copyright, use and publish the

photographs in print and/or electronically, and agrees that MHR may use such photographs for any

lawful purpose, including, but not limited to, marketing, advertising, publicity, illustration, training and

Web content.

NOTICES

You agree that MHR may communicate any notices to You under these Terms of Use, through electronic

mail, regular mail or posting the notices on the Site.

All notices to MHR will be provided by sending a letter, first class certified mail, to Home Service

Enterprises, dba MyHouseright, 4688 Mountain Creek Ave., Suite 103, Denver, North Carolina 28037,

Attn: Customer Care.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the

use of the Internet and electronic communications. MHR is not responsible for any delays, failures or

other damage resulting from such problems.

USER FEEDBACK

MHR appreciates hearing from you, as well as our other users, and welcomes your comments regarding

our Sites and Services. Please be advised, however, that our policy does not permit us to accept or

consider creative ideas, suggestions, or materials other than those which we have specifically requested.

Although we do value your feedback on our Sites and Services, please be specific in your comments

regarding our services and do not submit creative ideas, suggestions or materials. If, despite our

request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively,

the “Submissions”), such Submissions will be the property of MHR. In addition, none of the Submissions

will be subject to any obligations of confidentiality and MHR will not be liable for any future use or

disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS

You acknowledge that MHR has no control over, and no duty to take any action regarding: which users

gain access to or use the Sites and Services; what effects the content on or in connection with the Sites

and Services may have on you; how you may interpret or use the content on or in connection with the

Sites and Services; or what actions you may take as a result of having been exposed to the content on or

in connection with the Sites and Services. You release MHR from all liability for you having acquired or

not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.

MHR makes no representations concerning any content contained in or accessed through the Sites and

Services, and MHR will not be responsible or liable for the accuracy, copyright compliance, legality or

decency of material contained in or accessed through the Sites and Services. MHR makes no guarantee

or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that

information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE

PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT

ARE SPECIFICALLY DISCLAIMED. NEITHER MHR NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD

PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY

OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING

BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT,

SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR

INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MHR, COMPUTER VIRUS OR OTHER SIMILAR

ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER

INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL,

TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND

SERVICES. IN NO EVENT WILL MHR OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS,

EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR

ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MHR OR ANY OF ITS AFFILIATES, AGENTS,

EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER

PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND

SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES

AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE

FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE

DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,

OBTAINED BY YOU FROM MHR OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY

WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MHR DOES NOT REPRESENT OR WARRANT

THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR

SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE

OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE

QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR

OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE

SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE

FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE

EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MHR’S LIABILITY SHALL BE LIMITED TO

THE FULLEST EXTENT PERMITTED BY LAW.

MHR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN

CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF

SUCH INFORMATION IS AT YOUR SOLE RISK, AND MHR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO

YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MHR has no control over and no duty to take any action regarding: other users’ behavior; what effects

Content may have on you; how you may interpret or use Content; or what actions you may take as a

result of having been exposed to Content. You release MHR from all liability for you having acquired or

not acquired Content through the Sites and Services. MHR makes no representations concerning any

Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and

MHR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of

material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because MHR has no

control over such sites and resources, you acknowledge and agree that MHR is not responsible for the

availability of such external sites or resources and does not endorse and is not responsible or liable for

any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that MHR shall not be responsible or liable, directly or indirectly, for

any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any

such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless MHR, its officers, managers, owners, employees,

agents, designees, users, successors, assigns, service providers and suppliers from and against all losses,

liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and

court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or

untruthful Content or other information provided by you to MHR or that you submit, transmit or

otherwise make available through the Service; or (c) any intentional or willful violation of any rights of

another or harm you may have caused to another. MHR will have sole control of the defense of any such

damage or claim.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHR OR ANY THIRD PARTY IT WORKS WITH WILL NOT

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY,

CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MHR HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE

THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT

OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR

INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE

CONVEY THROUGH THE SERVICE; € STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER

THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY

BREACH OF THIS AGREEMENT BY MHR OR THE FAILURE OF MHR TO PROVIDE THE SERVICE UNDER THIS

AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS

(OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST

EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such

jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that if you have entered into a membership agreement with MHR your

unlimited access to the Content on the Website represents a substantial portion of the value You

receive from Your MHR’s Membership Fee. THEREFORE, TO THE EXTENT MHR IS FOUND LIABLE FOR

ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, MHR’S LIABILITY FOR DAMAGES

WILL NOT EXCEED THE EQUIVALENT OF SIX (6) MONTHS OF YOUR MEMBERSHIP FEE.

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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MHR CONTRACTS WITH A THIRD PARTY TO PROCESS

YOUR PAYMENT OF MEMBERSHIP FEES TO MHR THROUGH THE USE OF A CREDIT CARD (A “CREDIT

CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR

ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR MHR, INCLUDING, BUT

NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK

(COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN

AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE

FAILURE OF MHR TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS

AGREEMENT BY MHR. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL

DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF MHR TO PROVIDE SERVICES TO YOU

UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY MHR. YOU AGREE TO INDEMNIFY

AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS

A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT MHR SHALL

BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

BREACH OF TERMS OF USE

You agree to pay the actual damages suffered by MHR, including, but not limited to attorneys’ fees and

court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other

provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any

term contained herein, or a preliminary or permanent injunction against the breach of any such term or

in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

ARBITRATION QUOTE, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION

Most questions or complaints are resolved informally. If User has a question or complaint, User agrees

to contact the MHR at the phone number on the front page of this Quote. All claims by User or MHR

concerning this Quote which cannot be resolved informally shall be resolved by binding arbitration

conducted by a single arbitrator under the current applicable rules, procedures and protocols of JAMS,

Inc. (JAMS) (www.jamsadr.com) (as amended) or the American Arbitration Association (AAA)

(www.adr.org) (as amended). The parties agree that if JAMS or AAA are unable or unwilling to arbitrate

the matter, the parties will agree upon a single arbitrator with a nationally recognized arbitration firm to

arbitrate the matter. Claims to be resolved by binding arbitration include, but are not limited to (1) all

claims directly or indirectly related to the signing of this arbitration Quote, the validity or scope of this

arbitration Quote, or any attempt to set aside this arbitration Quote, (2) all federal or state law claims

relating directly or indirectly to this Quote (including this arbitration Quote), the information User gave

MHR before entering into this Quote and/or any past Quote or Quotes between User and MHR, (3) all

counterclaims, cross-claims and third-party claims, (4) all common law claims of any kind including

claims based upon alleged product defect, Quote, tort, fraud, or other intentional torts, (5) all claims

based upon a violation of any state or federal constitution, statute or regulation, (6) all claims asserted

by MHR against User, including claims for money damages to collect any sum MHR claims User owes

MHR, (7) all claims asserted by User individually against MHR and/or any of MHR employees, agents,

directors, officers, shareholders, managers, members, parent company or affiliated entities (herein

collectively referred to as "related third parties" or the Service Provider, including claims for money

damages and/or equitable or injunctive relief, (8) all claims asserted on User's behalf by another person,

(9) all claims asserted by or on behalf of a User as a private attorney general against MHR, related third

parties and/or the Service Provider, (10) all claims arising from or relating directly or indirectly to the

disclosure by MHR, related third parties or the Service Provider of any non-public personal information

about User, and/or (11) all other claims arising under or related to this Quote whether or not set forth

above. If the dispute falls within the jurisdiction of a small claims court the claimant may, at its option,

choose to arbitrate or file a small claims action. Any appeal of a judgment from a small claims court shall

be resolved by arbitration as provided herein.

Binding arbitration means that User waives: (1) any right to a jury trial; (2) any right to bring a lawsuit in

a court (other than a small claims court as described above); and (3) any right to seek relief in any other

forum or from any other agency. Any claim not decided by a small claims court will be decided by an

arbitrator selected as set forth immediately above. MHR and User agree that binding arbitration

provides a simple, cost-efficient method to resolve disputes quickly. MHR and User agree that no class

action lawsuit or class action arbitration of any type may be pursued by or on behalf of the User or

ordered by a Court or arbitrator(s) under this Quote and, in addition, that there shall be no joinder of

parties, except for joinder of parties to the transaction covered by this Quote. By agreeing to binding

arbitration User and MHR waive any right to bring or participate in a class action lawsuit or class action

arbitration regarding any claim.

How Arbitration Works:

MHR may demand arbitration by sending written notice to User at the address listed in this Quote. User

may demand arbitration by sending written notice to MHR at the following address: ATTN: Arbitration,

Home Service Enterprises dba MyHouseRight, 4688 Mountain Creek Ave., Suite 103, Denver, North

Carolina, 28037. The arbitration shall be held in the city or county where the Premises are located or in

such other convenient location as the User and MHR may mutually agree. MHR shall pay the filing,

administrative, hearing and arbitrator's fees associated with the arbitration. User shall not be required

to reimburse MHR for these expenses even if MHR wins the arbitration. Unless the arbitrator's award or

controlling law specifically provides otherwise, MHR and User will each be responsible for its own

attorneys' fees and other expenses, such as witness and expert witness fees. At the timely request of

User or MHR, the arbitrator will provide a written explanation of the award so long as such requirement

is consistent with the then current rules, pro­cedures and protocols of the arbitration entity selected by

the parties as set forth above. The arbitrator's award may be filed with and enforced by any court having

jurisdiction. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or

reasonable attorneys' fees and expenses. If User fails to pay MHR in accordance with this Quote, User

agrees that MHR shall be entitled to recover its reasonable attorneys' fees as provided by N.C. Gen. Stat.

Section 6-21.2 or other controlling law. The parties agree that this arbitration Quote is made in

connection with a transaction in­volving interstate commerce and shall be governed by the Federal

Arbitration Act, 9 U.S.C. Sections 1-16 (as may be amended) (FAA), but if for any reason the Federal

Arbitration Act does not apply, then this arbitration Quote shall be governed by the laws of the State of

North Carolina.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of North

Carolina, without giving effect to any choice or conflict of law provision or rule that would cause the

application of the laws of any other jurisdiction.

ELECTRONIC COMMUNICATIONS AND SIGNATURE

You consent to receive communications electronically from the MHR and perform any actions, including

without limitation consent and signatures, with respect to Site and Services, to the fullest extent

permitted by applicable law electronically as provided for in the Federal Electronic Signatures in Global

and National Commerce Act or any similar state law based on the Uniform Electronic Transactions Act

and the parties hereby waive any objection to the contrary.

You agree that all agreements, notices, disclosures and other communications that are provided to you

electronically satisfy any legal requirement that such communications be in writing.

For purposes of the Sites and Services, you agree that by clicking to submit on our Sites which relates to

any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions constitutes

acceptance and agreement(s) as if actually signed by you in writing.

You agree and consent to be contacted by us, our agents, employees, and affiliates through the use of

email, instant messaging or live chat, and/or telephone calls, including the use of automatic dialing

systems to your cellular, home or work numbers, as well as any other telephone number you provided.

You may unsubscribe from receiving emails at any time, by calling (704) 459-3363. Telephone

conversations with our employees, agents and independent contractors may be monitored and/or

recorded.

DISCOUNTS and PROMOTIONS.

From time to time, MHR provides various promotions, offers and discounts that may be applicable to

Goods and/or Services. MHR reserves the right to discontinue or alter the terms of any such promotion,

offer or discount at any time.

CREDIT CARD / FINANCED TRANSACTIONS.

If User uses a credit card or obtains financing to pay some or all of the Quote Price, then User

acknowledges that the terms of his or her cardholder Quote or financing documents may change the

total amount of money User must pay to the credit card provider or lender, including any interest

charges and fees. User acknowledges that his or her cardholder or financing documents may have other

terms and conditions to which User will be subject. User also acknowledges that MHR is not a party to

any such cardholder or financing.

WAIVER

Failure of MHR to exercise any remedy or enforce any portion of the Terms of Use at any time shall not

operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time

thereafter.

ENFORCEABLE TERMS

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be

limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full

force and effect and enforceable.

ASSIGNMENT

These Terms of Use are not assignable, transferable or sub licensable by you except with MHR’s prior

written consent. MHR may transfer, assign or delegate the Terms of Use and its rights and obligations

without your consent.

ENTIRE AGREEMENT

These Terms of Use and other written agreements, rules, and policies incorporated by reference to

these Terms of Use including, without limitation, the Privacy Policy and Quote, constitutes the entire

agreement between you and MHR. It supersedes any prior or contemporaneous negotiations,

discussions or agreements, whether written or oral, between you and MHR regarding the subject matter

contained in these Terms of Use. Additional terms and conditions may exist between you and third

parties, including but not limited to, Service Providers and others. You represent and warrant that those

third-party agreements do not interfere with your obligations and duties to MHR under these Terms of

Use.