Last revised date: [ 09/25/2020 ]
The following terms of service ("Terms") constitute a legal binding agreement between you ("you" or "your") and AAA House Manager a service provided by AAA Northern California, Nevada & Utah (the “Company”, "we", "our" or "us") and govern your use of our services, including such services described in any supplement attached hereto (a “Supplement”), the platform that facilitates our communications, including our website located at www.housemanager.calstate.aaa.com, any subdomains thereof ("Website"), and all content or information therein (collectively, "Services").
The Services are intended solely for individuals who are 18 years of age or older, and are not designed to solicit individuals under the age of 13. Any registration, use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms. By using the Services, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. In accordance with the Children's Online Privacy Protection Act, we do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information immediately. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com, or by calling us at 1-855-634-0334.
In order to use the Services, you may be required to sign up for an account, provide your email address ("Login ID"), and select a password. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Login ID an email address that you do not have the right to use, or another person's name or address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission (including via email or other notification through the Services). If you wish to transfer your account to a third party or to share data from your account with a third party (e.g., if you are offering your home for sale or have sold your home), please contact us at firstname.lastname@example.org, or by calling us at 1-855-634-0334. Except solely as previously authorized by us in writing (including via email or other notification through the Services), you may not share your account or password with anyone, and you must protect the security of your account and your password. You agree to take all necessary and appropriate steps to prevent unauthorized access to your account. You agree to immediately notify us by telephone or by email (see Miscellaneous-Notices Section) if you suspect or experience any unauthorized access of your account. You are solely responsible for any activity associated with your account, including all associated charges and fees, even if incurred by others with or without your permission or knowledge, to the extent these charges occur before you notify us of such unauthorized access. We may require that you update your account password and/or Login ID from time to time.
By providing your mobile phone number and using the Services, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Services. We will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Content"), and all Intellectual Property Rights related thereto, are the exclusive property of ours and our licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree to only use the Services only in a manner that complies with all laws that apply to you. You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Website, or use other similar methods or tools, to gather or extract Content from the Services. In addition, you may not use the Services to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You may not link to the Website or any portion of the Services (including linking to a specific portion of the Services or framing Content in any way) and you may not employ script searches or search results from the Website in a manner that results in the display of any Content on a third party website or elsewhere. You may not modify the manner in which the Services are displayed or function, including framing, scraping or any other technique that would alter the display of the Website or the visual display of the Services, including the Content. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Website or the proper operation and usage of the Services by any other users or third parties. You are strictly prohibited from (i) decompiling or reverse engineering the Services, the Website, and/or taking any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copying the Services and/or the Website, (iii) posting, publishing or creating derivative works based on the Services and/or the Website, or (iv) removing any copyright notice, trade or service marks, brand names and the like from the Services and/or the Website, related documentation or packaging. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The Services are available in certain areas. Services described below are performed at the discretion of the House Manager or the Company. Based on positioning, accessibility, and other distinctions of different properties, we may not be able to perform some services. In the event that services cannot be performed due to the nature of the property or structure, we have no obligation to substitute services and/or refund payments. Each new Membership (defined hereafter) includes an initial service visit and access to essential seasonal maintenance. Upon the renewal of your Membership thereafter in accordance with Section II.4 below, you will have access to an annual home health visit and access to essential seasonal maintenance. The items included in the Services are further detailed below:
Initial Service Visit and Annual Home Health Visit:
|Initial Service Visit (top-to bottom service visit) covers||Annual Home Health Visit (upon renewal of your Membership)|
|Catalog HVAC systems, water heater, washer/dryers and determine maintenance needs||✓||-|
|Identify filter needs for furnace, air conditioners, refrigerators, and water filtration systems*||✓||-|
|Smoke and CO monitors Check||✓||✓|
|5-point toilet check-up||✓||✓|
|Interior faucet leak and drainage check||✓||✓|
|Water heater flush||-||-|
|Refrigerator compressor coil cleaning||✓||✓|
|GFCI breaker test||✓||-|
|Safety check of steps, decks, and patios||✓||✓|
|Evaluate condition of visible roof shingles and flashing||✓||✓|
|Assess eaves, soffits, and siding for signs of pest intrusion||✓||✓|
|Evaluate hose bibs and exterior pipes||✓||✓|
|Check foundation drains and downspouts||✓||✓|
|Monitor exterior siding and trim for signs of wear||✓||✓|
We may also provide additional services or repairs that you request, which may be subject to additional costs for labor and parts, including, but not limited to those described in any Supplement, if applicable. *These services are optional and are subject to additional costs for labor and parts. Essential Seasonal Maintenance: The Membership includes two (2) hours of one of the essential seasonal maintenance services described below. Any work that exceeds two (2) hours is subject to a rate of $ per hour plus the cost of any parts that might be needed.
*Does not include tree trimming.
**Air filter replacements will be AAA House Manager’s standard filters, unless requested otherwise. Any specialty filters must be provided by Member, or can be purchased by House Manager for an additional fee.
Pricing for AAA House Manager Services include two components:
(i) Membership: annual membership fee (“Membership Fee”) charged based on the size of your home as follows: Less than 2,500 sf | $ if annual payment is selected or $ (total contract $0) a month if monthly payment is selected 2,501-3,800 sf | $ if annual payment is selected or $ (total contract $0) if monthly payment is selected 3,801-5,000 sf | $ if annual payment is selected or $ (total contract $0) if monthly payment is selected (ii) Paid Services: separate from and in addition to the Membership Fee, on-demand repairs or optional services are available to you at your choice at $ per hour plus the cost of any parts that might be needed (the “Paid Services” and, except as otherwise noted, “Services” as used hereafter shall include “Paid Services”). You have the option to request AAA House Manager to procure any required parts on your behalf. These parts are subject to a 10% markup. We do not provide Paid Services alone without a Membership.
Your Membership will automatically renew for successive 1-year periods for annual Memberships until you cancel your Membership. You will not be charged for any Membership Fees if we receive your request to cancel the automatic renewal of your Membership at least three (3) business days before the end of your current Membership term. Cancellation requests made after that time will be subject to the Cancellation Policy set forth in Section II.5(a) below. The Membership Fee for the renewal period will be charged at the beginning of each renewal period to the method of payment you have provided us unless you notify us otherwise.
a. Cancelling Your Membership. You may cancel your Membership with us at any time by emailing us at email@example.com, or by calling us at 1-855-634-0334. Annual Membership During the first year of your Membership, we will provide a full refund of your annual Membership Fee only if you cancel prior to your initial service visit. After your initial service visit, you will not be entitled to any refund even if you cancel your Membership. During subsequent Membership years (if your Membership renews), you will be entitled to a full refund of your annual Membership Fee only if you cancel prior to your initial service visit of that Membership year. Should you cancel after your first initial service visit, your payment is non-refundable and your Membership will continue for the remaining one-year period, unless otherwise canceled as provided herein. If you have authorized any Services that (i) are in progress or have been completed when you cancel, you will be responsible to pay for the full amount of such Services, or (ii) are scheduled to occur within 48 hours of your notice of cancellation ("Pending Services"), you may be responsible to pay the remaining balance of your Membership Fee. You acknowledge and agree that we have no obligation to provide a refund for any services purchased on or through the Services. Further, in the event that we suspend or terminate your use of the Services or these Terms, you understand and agree that we have no obligation to provide, and you may not receive, a refund of any kind, including for any Membership Fee for any portion of the Services, or for anything else. b. Cancelling Authorized Services. You may cancel any authorized Services (excluding Pending Services and Services that are in progress or have been completed) without incurring fees or penalties by providing notice to us at any time 48 hours prior to the scheduled time for performance of the Services, by emailing us at firstname.lastname@example.org, or by calling us at 1-855-634-0334. If you wish to cancel a Pending Service prior to the scheduled time for performance of the Services, you may be responsible to pay a minimum fee, if applicable, and you will be advised of such fee at the time you book the applicable Pending Service. If you wish to cancel any Services that are in progress or that have been completed, you will be responsible to pay for the full amount of such Services.
You agree that you have the right to grant us and our third party providers (each a "Professional") the right to perform the authorized Services and access the applicable premises to perform the Services. Notwithstanding the foregoing, you hereby acknowledge that the Professional and Company are permitted to rely exclusively on the authority granted to Professional by other members of the household in the event Member is not present (each, an “Agent”), provided that such Agent is at least 18 years of age, to perform the authorized Services and access the applicable premises. Notwithstanding the foregoing, we reserve the right to refuse service to the extent that such Agent is not at least 18 years of age. You further acknowledge that such Agent shall be acting with apparent authority of the Member until such time that Member revokes such authority, and no further action or investigation is required on the part of Professional or Company to confirm such apparent authority. Unless provided otherwise, you are responsible for securing all permits, licenses and/or renewals required by any government authority for us to complete your authorized Services. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. You are further responsible for securing all pets and other domestic animals located on the premises, and we further reserve the right to refuse service to the extent that such pets or other domestic animals are located on the premises in a manner that interferes with the performance of the Services by our Professionals, in the sole discretion of such Professional. We will assist you in responding to requests for information from the permit, license and/or renewal-issuing government authority. You are responsible for providing us with a copy of all necessary permits, licenses and/or renewals issued by the government authority. If your address at which the Services will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the delivery of the Services, you agree to advise us. You are responsible for ensuring that work areas are safe, free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes, regardless of whether or not you will be present at the applicable premises during the performance of the Services. You agree to keep pets away from work areas. You agree to keep posted permits on display at all times to the extent required by applicable law. You agree that if you or anyone you control interferes with or delays the Services, you may be subject to transportation/storage charges or other resulting charges. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH THE SERVICES.
Subject to your express consent to utilize our optional lock box access ("Lock Box") and upon your payment of a $40 deposit for such Lock Box (a “Deposit”), you acknowledge and agree that: a. You have elected to use the Lock Box feature of the Services. You hereby agree to and accept the supplemental terms and conditions of this Section II.7, which shall remain in effect while you use the Lock Box and the Services. b. We will source and provide the Lock Box upon your payment of such Deposit. You are responsible for setting the Lock Box code. We will have no access to the Lock Box codes other than as provided by you to us in connection with a requested Service visit. We strongly recommend that you change the Lock Box code after the completion of each House Manager Service. You assume full responsibility for changing the Lock Box code after each service and protecting the identity of the Lock Box code from third parties. You further covenant and agree that you will not misuse or abuse the Lock Box in anyway. For your security, we depend on you to provide and maintain accurate Lock Box codes and we will only reveal those codes to our personnel or other authorized providers, including authorized Professionals who will carry out your House Manager Service appointments. Once your key is placed in the Lock Box, you agree that your key may be accessed only by you, us, and/or a Professional that you authorize. You agree that you will not otherwise provide Lock Box codes and/or access to any third parties c. Once you acquire possession of the Lock Box, we have no immediate or direct physical control over the use of the Lock Box and assume no liability for the Lock Box's failure, or any delays caused by Lock Box failure or any consequential damages. You will notify us of any malfunction of the Lock Box within 24 hours of discovering such defects. We will replace the Lock Box at no cost to you in the event of the Lock Box is defective, except where such defect is caused by you or any third party. d. You agree to only use the Lock Box for lawful purposes. You agree to use the Lock Box only in a manner consistent with any and all applicable laws, regulations, and our policies and procedures. We reserve the right to investigate and take action against any user who, in our sole discretion, violates this provision. Such action may include, without limitation, suspending or terminating your access to the Lock Box and/or the Services. e. We are not responsible for loss of or damage to personal or real property, person or domestic animals, whether attributable to the use of the Lock Box to provide you the Services, or otherwise. You shall be solely responsible for any third party access to the Lock Box granted by you. Our Professionals may have access to your home in order to provide the Services. You agree to: (i) take reasonable precautions to safeguard and protect valuables that might be accessible during your Services, (ii) ensure your home and any work areas are safe, free of preexisting physical, health or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes, while you are absent from the applicable premises during the performance of the Services by our Professionals, (iii) secure all pets and other domestic animals located on the premises to ensure that such pets and other domestic animals do not interfere with the performance of the Services by our Professionals, and (iv) obtain homeowner's insurance with the appropriate amount of coverage to protect against these risks. f. You agree to mail to us, at the address specified below, the Lock Box within thirty (30) days following the end of your Membership term. Your Deposit shall be returned to you within thirty (30) days of our receipt of such Lock Box. For the avoidance of doubt, to the extent we do not receive a Lock Box within thirty (30) days of the end of your Membership term, your Deposit will not be returned and will be retained by us. Such Lock Box shall be mailed to: A3 Ventures Attn: AAA House Manager 1919 Shattuck Ave. 6th Floor, Berkeley, CA 94704. f. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE LOCK BOX FEATURE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LOCK BOX OR ANY OF OUR LOCK BOX RELATED SERVICES WILL BE FREE OF ANY DEFECTS.
If you should request that we provide referrals to Professionals within our referral network, you acknowledge and agree that: a. We do not and cannot guarantee that we will be able to find a Professional that is ready, willing, and able to meet the requested service need. b. We may provide a platform for you to request to schedule an appointment with a Professional on our Website. The request will be forwarded to the Professional, who will be solely responsible for confirming the appointment. We do not guarantee that the Professional will honor the appointment or be on time. You will be responsible for communicating any scheduling changes and for paying any cancellation penalties or fees assessed by the Professional. c. You will contract directly with the Professional to provide the requested services. The Professionals are independent contractors and not employees or agents of us. We do not guarantee or warrant any bid or pricing provided by any Professional. We shall not have control over or charge of, and shall not be responsible for, any Professional's construction means, methods, techniques, schedules, sequences, procedures, fabrication, procurement, shipment, delivery, receipt or installation, or for safety precautions or programs in connection with their services, since these are solely the Professional's responsibility under their contract with you. Professionals will be solely responsible for their acts or omissions or those of their agents or employees, or of any other persons or entities performing or supplying portions of their services, notwithstanding any review or oversight provided by us, and you agree to look solely to such Professional(s) for any claim, cost, or other remedy in connection with such services. d. At the time of including a Professional in our referral network, we will take reasonable steps to verify publicly available information regarding the Professional. Our verification will be based upon information provided by the Professional and we have the right reasonably to rely upon such information. While we may provide access to third party reviews of Professionals, we do not independently verify reviews. We do not recommend or endorse any Professional. You are solely responsible for determining to your satisfaction whether a Professional is capable and qualified to perform the services sought and for your selection of the Professional. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SERVICES PERFORMED BY, OR OUTCOME TO BE ACHIEVED BY, ANY PROFESSIONAL, INCLUDING ANY TUTORIALS OR ADVICE PROVIDED BY ANY PROFESSIONAL BY MEANS OF VIDEO OR AUDIO TELECONFERENCING APPLICATIONS, OR OTHERWISE. YOU AGREE TO RELEASE, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION, SUIT, PROCEEDING, OR DEMAND, WHETHER BROUGHT BY YOU OR ANY THIRD PARTY, DUE TO, OR ARISING OUR OF, YOUR SELECTION OR USE OF ANY PROFESSIONAL.
We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Website and use the Services will immediately cease. In case of a suspension, we may later decide to either reinstate or terminate your access to the Services as we consider appropriate. If we choose to reinstate your access to the Services, you may be required to provide us with additional information, which may include confirmation that you meet the criteria as set forth in Eligibility section of these Terms. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval. In the event that your access to the Services is suspended or terminated, you agree to pay all outstanding fees or other charges associated with your account. If you wish to terminate your account, including any Membership, and cease use of the Services, you may do so at any time, by contacting us at email@example.com, or by calling us at 1-855-634-0334. Please note that certain of your obligations will continue even after your account, Membership or access to the Services is terminated. These include your obligations under the following sections of these Terms, including, without limitation, ownership provisions, Section I.8 (Privacy), Section II.3 (Payment and Related Terms), Section III (No Other Warranty), Section IV (Indemnity, Limitations of Liability) and Section VI (Binding Arbitration), and Section VII.2 (Governing Law). Notwithstanding the foregoing, the Supplement, if applicable, contains additional terms concerning your ability to terminate the services defined therein.
WE WARRANT FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF SERVICE THAT THE SERVICES WILL BE PERFORMED IN A COMPETENT AND WORKMANLIKE MANNER, UNLESS OTHERWISE SPECIFIED BY US ("SERVICE WARRANTY"). WE MAKE NO WARRANTY ON ANY PARTS OR PRODUCTS USED IN THE SERVICES AND SHALL NOT BE RESPONSIBLE FOR ANY DISSATISFACTION CAUSED BY DEFECTS IN SUCH PARTS OR PRODUCTS. THE SERVICE WARRANTY IS AN EXPRESS LIMITED WARRANTY AND IN THE EVENT OF BREACH, WE WILL RE-PERFORM THE SERVICE AT NO ADDITIONAL COST. IN ORDER TO CLAIM UNDER THE SERVICE WARRANTY YOU MUST NOTIFY US OF THE ISSUE AS SOON AS POSSIBLE WITHIN THE SERVICE WARRANTY PERIOD.
For clarity, the Service Warranty does not cover any services issues:
THE FOREGOING WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
OUR WEBSITE AND THE SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. WE SHALL HAVE NO RESPONSIBILITY FOR ANY INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY CONTENT. ALL USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. WE AND OUR AFFILIATED COMPANIES, PARTNERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS AND SUCCESSORS-IN-INTEREST AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATE PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE, CONTENT OR SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN. THE AFFILIATE PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND NONE OF THE AFFILIATE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER THE AFFILIATE PARTIES NOR THEIR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE, CONTENT, AND SERVICES WILL BE UNINTERRUPTED OR THAT THE WEBSITE, CONTENT AND SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. NEITHER THE AFFILIATE PARTIES NOR THEIR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER. CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
UNDER NO CIRCUMSTANCES WILL THE AFFILIATE PARTIES OR THEIR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOST DATA, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR FOR ANY COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, INCLUDING ANY SERVICES AVAILABLE PURSUANT TO A SUPPLEMENT, IF APPLICABLE, THE WEBSITE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE AFFILIATE PARTIES WERE NEGLIGENT OR WERE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE AFFILIATE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR YOUR INTERACTIONS WITH THE AFFILIATE PARTIES OR ANY OTHER USE OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICES (INCLUDING THE IMPLEMENTATION BY YOU OF ADVICE PROVIDED AS PART OF THE SERVICES AND/OR ADVICE PROVIDED BY A PROFESSIONAL BY MEANS OF VIDEO OR AUDIO TELECONFERENCING APPLICATIONS, OR OTHERWISE) MAY REQUIRE PENETRATION OF SURFACES AND THAT THE AFFILIATE PARTIES ARE EXPRESSLY AND ENTIRELY NOT LIABLE FOR ANY DAMAGE CAUSED BY YOU, OR A PROFESSIONAL, TO ANY WIRING, PLUMBING, HVAC, OR OTHER STRUCTURAL, MECHANICAL OR PRESSURIZED SYSTEM, THAT IS NOT CLEARLY AND COMPLETELY VISIBLE AT THE TIME THE SERVICES ARE PROVIDED EVEN WHERE WIRES, DRAINS, VALVES, OUTLETS, OR OTHER FEATURES CONNECTED THERETO ARE VISIBLE. IN NO EVENT SHALL THE AFFILIATE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS AND THAT WE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR SUCH LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE US TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS. We make no representations that the Services are appropriate or available for use your geographic location, whether within or outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Without restricting the other remedies available to us, you agree to indemnify and hold the Affiliate Parties harmless from any claim, cause of action, suit, proceeding, or demand, whether brought by third parties or otherwise, due to or arising out of (i) your breach of these Terms, (ii) any use of the Services other than as expressly permitted in these Terms, and (iii) any damages caused to the premises caused by an Agent in connection with our provision of the Services, and to pay any and all losses, liabilities, damages, costs or expenses, judgments and awards, including reasonable attorneys' fees and costs. The foregoing indemnity obligations will survive any termination of the Terms or your use of the Services. We may assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without our express consent and approval.
PLEASE READ THIS PROVISION OF THESE TERMS CAREFULLY. PLEASE REFER TO A SUPPLEMENT, IF APPLICABLE, FOR ADDITIONAL SUCH TERMS. You have the right to reject the Binding Arbitration terms as set forth in this Section VI - Binding Arbitration. If you reject, your Membership will no longer be subject to an arbitration provision. You can reject arbitration by contacting us by e-mail firstname.lastname@example.org, stating that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the beginning of your Membership. We will not reject your Membership Application or close your account if you reject this arbitration provision. You do not have the right to reject any other provisions in these Terms. This section provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This Section VI - Binding Arbitration is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow.
You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your current or previous Membership, or these Terms ("Claims"). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.
Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling (800) 352-5267 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/. Any award by an arbitrator shall be binding and final. Judgment on the award may be entered in any court having jurisdiction.
The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys' fees.
You agree that we may amend, supplement or replace these Terms or any part of it at any time (a "Change"). You agree that we may notify you of any Change to these Terms by any reasonable means, including by the email on your AAA House Manager account or through the Services (including any hyperlinks therein). You acknowledge that your continued use of the Services after the implementation of any Change will constitute your acceptance of these Terms. Notwithstanding the foregoing, any changes to a Supplement shall be reflected in a Change Order as defined therein.
These Terms are governed by the FAA and the internal laws of the State of California, without reference to principles of conflicts of laws or choice of law rules. For any actions for which either party retains the right to seek injunctive or other equitable relief, at our request, you agree to submit to the personal jurisdiction of a state court located in Alameda County, California or the United States District Court for the Northern District of California, and you hereby waive all defenses for lack of personal jurisdiction and forum non-conveniens with respect to such courts.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may, at any time, sell, transfer or assign any or all of our rights or duties under these Terms. If we do so, we can share information concerning your account with prospective transferees or assignees.
Force Majeure: We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term herein, when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of these Terms; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities; (j) pandemics, and (K) other similar events beyond our reasonable control. House Manager may also deny service for any reason deemed harmful to the welfare of its Members, employees, or service providers.