Last Updated: March 4, 2025

PLEASE NOTE: THIS AGREEMENT REQUIRES YOU TO SUBMIT MOST DISPUTES WITH HOMEBLUE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. YOU MAY OPT OUT OF THESE PROVISIONS IN SOME CIRCUMSTANCES AS DETAILED BELOW. READ SECTION 12 CAREFULLY, AS THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IT CONTAINS AFFECT YOUR RIGHTS.

These Terms of Use (“Terms”), governs your access to, use of, and participation in the services made available to you by C. David Venture Management LLC, doing business as HomeBlue, as you use any of our affiliated websites that link to these Terms (“HomeBlue,” “we,” “our,” or “us”). Through these websites, we provide users with a variety of resources including, but not limited to, a system for companies to post their company information and learn about marketing opportunities, a system that receives service requests from consumers and matches them to service professionals in our network and affiliated third party networks, and a system that posts and displays articles and estimated cost information (the “Services”).

The Services are available to both service professionals listed in our service professionals directory (“Directory Members” or “Members”) and to users who visit the Services to consume information and submit requests for information (“Consumers”). Through the Services, Consumers can submit basic information to request to be matched with companies in our network or in our Partner Network. If we match your request to a partner network you agree to accept the terms and conditions of such partner network. If you are contacted by a partner network and would like to opt out of your service request, please submit your request to the partner network that contacts you.

Individual users can be both Members and Consumers. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.

Please note that we do not pre-screen Members or Consumers. We encourage Consumers and Members to use due diligence when hiring or working with any professional located through our Services.

These Terms include the following sections:

1. Eligibility and Use of the Services
2. Intellectual Property Rights
3. User Content
4. User Code of Conduct
5. Fees
6. Disclaimers
7. Limitation of Liability
8. Indemnification and Release
9. Termination
10. Notice of Intellectual Property Infringement
11. Third Party Links
12. Dispute Resolution: Binding Arbitration and Class Action Waiver
13. Class Action Waiver for Court Action
14. Modifications to the Terms
15. General Provisions
16. Contact Us

1. ELIGIBILITY AND USE OF THE SERVICES

Eligibility rules for all users. All users of the Services represent and warrant that: (1) they are at least 18 years old and able to form legally binding contracts under applicable law; and (2) all information provided and posted to the Services will be accurate, current, complete, and truthful to the best of their knowledge. If we have reasonable grounds to suspect that you do not meet these requirements, we have the right to refuse any current or future use of the Services by you.

Eligibility rules for Members. By registering to use the Services as a Member, you additionally represent and warrant that: (1) you are authorized to enter into these Terms either on behalf of yourself or on behalf of the business you represent; (2) you, and the employees, agents, contractors, and subcontractors who may perform work for you, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your services and in relation to the specific job you are performing; (3) you will provide only business address and phone numbers and you agree that we may display such information in our online directory and use such information to contact you; and (4) you agree to provide a free cost estimate (or quote) for your product or service when you receive a request through our System.

Not all registrations will be accepted, and we reserve the sole right to deny, revoke, suspend your Member status at any time and for any reason.

Account registration and security. You may have the ability to create an account on the Services. If you create an account, you will be required to choose a password. You agree to maintain the confidentiality of your password, and that you, and not us, are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your account. You agree to immediately notify us of any unauthorized use of your password or any other breach of security by contacting us using the information below.

2. INTELLECTUAL PROPERTY RIGHTS

General. The Services are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, we and our licensors exclusively own all right, title, and interest in and to the Services and content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of us used herein are trademarks or registered trademarks of us. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Your license to use the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. If you download or print any content from the Services, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the licenses and rights expressly granted in these Terms.

3. USER CONTENT

Our license to user content. We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit content to the Services (which may include text, photos, videos, audio, and other similar content). By posting or making available any content on or through the Services, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Services, or for any other purpose in our sole discretion, in accordance with these Terms and our Privacy Policy. In the interest of clarity, the license granted to us shall survive termination of the Services or, if applicable, your account.

User content representations. You acknowledge and agree that you are solely responsible for all content that you make available on or through the Services, and that we are not responsible for such content. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such content; and (b) neither the content nor your posting, uploading, publication, submission, or transmittal of the content or our use of the content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for enforcing your copyright. If someone infringes on your copyright, it is your sole responsibility to protect your interests, including legal action and costs.

User content review/disclosure. While we have no obligation to do so, you agree that we may: (1) proofread, re-categorize, summarize, or otherwise edit and/or withdraw your content in accordance with our editorial guidelines (in which case you understand it remains your sole responsibility to monitor and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms); (2) publish advertisements on the same page as your content and place hyperlinks on words within your content; and (3) modify your directory listing by adding or removing specialties, making grammatical changes, and correcting capitalization for the purpose of providing quality information through the Services. We reserve the right, at any time and without prior notice, to remove or disable access to content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or users, or for any other reason.

You acknowledge and agree that we may disclose any content or information submitted to the Services if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a judicial proceeding, a court order or legal process served on us, (b) enforce these Terms, or (c) protect the rights, property or personal safety of us, our employees, users and the public.

User feedback. By sending us any feedback, comments, questions, or suggestions concerning us or our services, including the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback without compensation to you, and (iv) irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

4. USER CODE OF CONDUCT

As a user of the Services, you may not:

• Use another person’s account; or misrepresent yourself, the services you offer, or your identity or qualifications
• Use any automated system including but not limited to robots, spiders, scrapers, or similar technologies to access the Services for any purpose without our prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material
• Take any action that (a) may unreasonably encumber the Service's infrastructure; (b) interferes or attempts to interfere with the proper working of the Services; (c) bypasses measures that are used to prevent or restrict access to the Services; (d) circumvents, disables, or otherwise interferes with security features of the Services; (e) or distributes viruses or any other technologies that may harm us or users
• Collect, harvest, or publish any personal information including, but not limited to, names or other account information, from the Services, or communicate through the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes
• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content, content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law
• Advertise or solicit a service not related to or appropriate for the Services including, but not limited to, a service that promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial content
• Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services
• Attempt to indirectly undertake any of the foregoing

5. FEES

Certain features of the Services may require you to pay a fee to access and use such features (including our HomeBlue directory service). In such circumstances, you will be provided with further information about the applicable fee for the Service. Unless otherwise stated by us, all fees are non-refundable. By using a feature that includes a fee, you agree to provide accurate billing and payment information, and you agree that your selected payment method will be charged, along with any applicable taxes.

Sponsorship. Upgrading to a sponsored listing allows companies to further promote their business. Companies may be required to meet certain criteria to be eligible to purchase a sponsored listing. Subscribing to our sponsorship program may affect where a company appears on our directory pages and other content. However, purchasing a sponsorship does not guarantee an increase in the number of leads generated by our service. We reserve the right to restrict, suspend, or terminate your Sponsorship subscription at any time without prior notification or liability.

If you purchase a Sponsorship, you agree to pay the applicable subscription fees. By purchasing a subscription, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a recurring subscription fee on a monthly basis. The subscription fee will be billed at the beginning of your subscription and each month thereafter unless and until you cancel your subscription by visiting the Account page and selecting the “downgrade” option. The subscription will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will then be downgraded to the basic free listing. We do not provide refunds or credits for any partial subscription periods.

6. DISCLAIMERS

General. YOUR USE OF THE SERVICES SHALL BE SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES, WHETHER MADE AVAILABLE BY US OR USERS.

No guarantee of results. When you use the Services, we will attempt to match your information to relevant service professionals in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. Although we (and our partner networks) may take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professionals or the quality of the job that they may perform for you if you elect to retain their services. You should always exercise due diligence and care when deciding whether to have any interaction with any other user.

For Members who receive requests from interested Consumers, we do not guarantee sales or results. A Member may receive any number of requests, clicks, or calls, or may receive zero. We function only as an intermediary that provides Consumers and Members with access to the other within an environment that makes it easier for Consumers to engage Members and vice versa. We also do not control, and do not assume the obligation to screen or monitor, any leads that are submitted by Consumers to Members through the Services, nor do we assume the obligation to pre-screen any Consumers before allowing them to submit leads on the Services.

No endorsements. We do not endorse any Member or Consumer and we are not a party to any agreements between or among users, Members, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Member's use of any part of the Services, including but not limited to, any scheduling or other services. Neither us nor any Members or users of the Services may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional.

Services are informational only. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY MADE HEREIN. Any estimated quotes or fees or other information (such as articles and questions & answers) on the Services about and related to service professionals and the services they offer are for informational purposes only. Such information is provided to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Services, and to get a general understanding of pricing and fees, and for no other purposes.

User disputes. If there is a dispute between participants on the Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

7. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER US NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, AND/OR CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU HEREUNDER, OR ONE HUNDRED ($100) US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THIS LIMITATION OF LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

8. INDEMNIFICATION AND RELEASE

YOU AGREE TO RELEASE, DEFEND, AND INDEMNIFY US, AND OUR SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold us and our affiliates, officers, employees, agents, and partners harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS, OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO US AND THE SERVICE PROFESSIONALS AND MEMBERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO A FALSE NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND EACH SERVICE PROFESSIONAL OR MEMBER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF US AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL, AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

9. TERMINATION

You may terminate your account at any time by emailing terms@homeblue.com. We reserve the right to terminate access to or use of the Services by any user for any reason in our sole discretion, with or without notice to you. Without limiting any other rights reserved herein, we may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and us, including but not limited to removing content you posted, limiting your access to the Services, assessing monetary penalties or costs, terminating your access, notifying others of your termination and/or the violation of these Terms, other appropriate actions in our discretion. Upon termination of these Terms, those sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms, including but not limited to: Sections 2-9, 11-15.

10. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is our policy, in appropriate circumstances, to terminate the registration account or use of the Services of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
2. a description of your copyrighted work or other intellectual property that you claim has been infringed
3. a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly)
4. your address, telephone number, and email address
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

Our copyright agent can be reached as follows:

CDVM DMCA Agent
C. David Venture Management, LLC
1350 Beverly Road #159
McLean, VA 22101
Phone: 703-748-6099
Email: dmca@cd-vm.com

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us using the contact information listed below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11. THIRD PARTY LINKS

The Services may contain features and functionalities that link to or provide you with access to third-party content which is completely independent of us, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products, or services. Please note that when you use these features and functionalities, including when you interact with a match that is in a partner’s network, the third-party’s terms and conditions, and not these Terms, will apply, and we are not responsible for the actions of these third parties.

12. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER

YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHTS TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

As detailed in this Dispute Resolution: Binding Arbitration, and Class Action Waiver section (the “Dispute Resolution Section” or “Section 12”), these Terms mandate that all disputes, claims, questions, or disagreements between you and HomeBlue arising out of or relating to the Terms or the Services (“Disputes”) be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms further mandate that all Disputes (except those identified in Section 12(e), Exceptions to Arbitration) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve Disputes. By arbitrating Disputes, you also give up your right to have a jury decide them. Consequently, you should read the entirety of the Dispute Resolution Section carefully as it may significantly affect your legal rights.

a. Choice of Law

These Terms and all Disputes, whether in arbitration or court (if a Dispute is non-arbitrable under these Terms or for any other reason), shall be governed by the laws of the United States and the laws of the State of Delaware, without regard to the provisions regarding conflicts of law (i.e., any federal law or Delaware law, including any conflict of law principle, that would provide for the application of the laws of another jurisdiction other than the United States or Delaware shall not apply).

b. Exclusive Venue for Litigation

By agreeing to these Terms, you agree that (solely to the extent any Dispute is not arbitrable—and including any arbitration-related litigation such as a motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award)—any litigation must be resolved exclusively by a court of competent jurisdiction, federal or state (including small claims court), located in Delaware, United States of America, and no other court. You consent to the exercise of personal jurisdiction over you by such courts with respect to any Dispute and hereby waive any and all jurisdictional and venue defenses otherwise available to you in them. You further agree to accept service of process by U.S. or certified mail from HomeBlue or these courts.

c. Informal Dispute Resolution

Unless otherwise noted in this Section 12, you and HomeBlue agree that if any Dispute arises between us, both parties will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. As part of this Agreement, you understand that failure to engage in informal dispute resolution as described here could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party. For any Dispute against HomeBlue that you initiate, you agree to send to HomeBlue at arbitration@homeblue.com (a) a written description of the Dispute and (b) the email address(es) associated with your relationship with HomeBlue. The written description must be on an individual basis and also provide, at minimum, the following information: your name; a description of the nature or basis of the claim or Dispute with sufficient detail for HomeBlue to assess its merits; and the specific relief sought. For any Dispute that HomeBlue initiates, we will send our written description of the Dispute to the email address associated with your use of the Services provided we can reasonably identify such an address.

You and HomeBlue agree, following receipt of the written description, to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.

If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the written description of the Dispute, you and HomeBlue agree to resolve any remaining aspects of the Dispute through the additional dispute resolution provisions set forth below, including pursuant to the Mutual Arbitration Agreement.

A good faith engagement in informal dispute resolution, including each party’s participation in the informal telephonic dispute resolution conference, shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in informal dispute resolution.

d. Binding Arbitration

After the parties have engaged in informal dispute resolution as provided above, either party may initiate arbitration for such Dispute as set forth in this Section (unless the Dispute is within the scope of Section 12(e), Exceptions to Arbitration).

If you decide to initiate arbitration, a copy of the arbitration demand must be emailed to arbitration@homeblue.com. If HomeBlue is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Services, or other reasonable means.

i. Mutual Arbitration Agreement

Except as provided in Section 12(e), Exceptions to Arbitration, you and HomeBlue agree that all Disputes arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Agreement or the Services—including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any Dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Binding Arbitration section (collectively, the “Arbitration Agreement”).

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with Sections 12(f) (“30-Day Right to Opt Out”) and 12(g) (“Changes to this Section”) below. If you accept this Arbitration Agreement, then any earlier arbitration agreement you had with HomeBlue is superseded and any Disputes, regardless of when they arose, will be subject to the provisions of this Arbitration Agreement.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. You and HomeBlue expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, Delaware law governing arbitration agreements shall apply.

ii. WAIVER OF RIGHTS INCLUDING JURY TRIAL

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM(S) THAT ARE SUBJECT OF THE DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THIS AGREEMENT AND ARBITRATION AGREEMENT, YOU AND HOMEBLUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

iii. CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER

YOU AND HOMEBLUE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 12(d)(iii) AND SECTION 12(d)(iv)(E) (“BATCHING”) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS, BUT THAT IT MAY DO SO ONLY IF HOMEBLUE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this Section 12(d)(iii) (“CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER ”), and Sections 12(d)(iv)(E) (“Batching”) and 12(d)(iv)(G) (“Arbitration Decision & Award”) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the arbitration provider’s rules, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision(s) were not contained herein. If, however, this Section 12(d)(iii), Section 12(d)(vi)(E), or Section 12(d)(vi)(G) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor HomeBlue shall be entitled to arbitrate their dispute. As detailed in Section 13 (“Class Action Waiver for Court Actions”), in the event this section is invalidated, you will also not be able to participate in a class or representative action in court.

Nothing in this Section prevents you or HomeBlue from agreeing to participate in a class-wide settlement of claims.

iv. Arbitration Location & In Some Circumstances On the Papers

Any arbitration between us will be held in English and:

A. If the amount in controversy between you and HomeBlue is less than $10,000, then the arbitration will be conducted solely by submission of written materials that you and we submit to the arbitrator, unless (A) the arbitrator determines that a hearing is necessary or (B) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video- or telephone- conference.

B. If the amount in controversy between you and HomeBlue exceeds $10,000, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with the provider’s rules and applicable law.

v. Time to File

Any arbitration against HomeBlue must be commenced by filing a demand for arbitration within one (1) year from the date you first knew or reasonably should have known of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

vi. The Arbitration Rules

A. The Provider & Fees

Any arbitration initiated under these Terms will be administered by JAMS and conducted before a single arbitrator in accordance with the provisions of (i) JAMS Streamlined Arbitration Rules and Procedures, if the amount in dispute between the parties is $250,000 or less, or (ii) JAMS Comprehensive Rules and Procedures if the amount in dispute is greater than $250,000, in either case excluding any rules or procedures governing or permitting class or representative actions. If twenty-five (25) or more similar arbitration demands are filed against HomeBlue by either the same party or similar parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), then JAMS Mass Arbitration Procedures will apply. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/. If for any reason JAMS is unable to administer arbitration, the parties will select an alternative arbitration provider.

Unless otherwise required by applicable law, the applicable provider rules, procedures, and fee schedules will govern the amount you and HomeBlue must pay to the provider for arbitration fees, including with respect to any fee waivers. However, if the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, you understand and agree that consistent with this Arbitration Agreement and the power of the arbitrator to impose sanctions, you may be required to reimburse HomeBlue for arbitration fees (including attorneys’ fees) that HomeBlue incurred to defend your claim(s).

The parties further agree that the provider has discretion to modify the amount or timing of any administrative or arbitration fees due under its rules and procedures where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the arbitration fees imposed by the provider does not constitute a default, waiver, or breach of this Section while such challenge remains pending before the provider, the arbitrator, and/or a court of competent jurisdiction as provided in these Terms.

You are responsible for your own attorneys’ fees, except to the extent otherwise provided by these Terms, the provider’s rules and procedures, and/or applicable law. HomeBlue will not seek its attorneys’ fees and arbitration costs from you with respect to claims that you file, unless the arbitrator determines that your claim is frivolous, or that you have engaged in conduct that is considered sanctionable under either the applicable provider rules and procedures or Federal Rule of Civil Procedure 11. HomeBlue may seek attorneys’ fees as provided by these Terms, the provider’s rules and procedures, and/or applicable law for claims it pursues against you.

B. Arbitrator’s Authority

Unless preempted by federal law (in which federal law will apply), the arbitrator shall apply Delaware law consistent with the FAA. The arbitrator shall honor claims of privilege recognized at law (Delaware or federal, as the case may be) and, to the extent applicable notwithstanding the “Time to File” provision in Section 12(d)(v) above, abide statutes of limitations that would be applicable in court.

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the provider rules and procedures for frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the informal dispute resolution procedures contemplated by this Arbitration Agreement.

C. Arbitration Demand Must Contain Sufficient Information

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or provider may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or these Terms.

D. Dispositive Motions

Subject to the applicable provider rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

E. Batching

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected by the parties if JAMS is unavailable) against HomeBlue within reasonably close temporal proximity (a “Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (1) to designate one arbitrator for each batch; (2) to accept applicable fees, including any related fee reduction determined by JAMS (or another arbitration provider selected by the parties if JAMS is unavailable) in its discretion, provided it does not increase the cost of arbitration to you; (3) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (4) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by HomeBlue and you, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (5) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable provider rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the provider rules. Notwithstanding subsection 12(d)(iv) above, the provider/ process administrator will determine the location where the proceedings will be conducted, if in person, or whether proceedings by video- or tele- conference is appropriate.

You agree to cooperate in good faith with HomeBlue and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by the provider in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or process administrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and HomeBlue agree that the provider may increase the batch size or, alternatively, that the provider may decrease the batch size or transfer a case between batches if appropriate in the reasoned discretion of the provider and/or procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS process administrator (or similar, in the event JAMS is unavailable and another provider is selected).

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures or authorizing class arbitration of any kind.

The parties agree that this “Batching” provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the Batching provision in this Section 12(d)(vi)(D) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor HomeBlue shall be required to arbitrate any claim that is a part of the Mass Filing.

F. Mediation Following First Batch in a Mass Filing

The results of the first completely adjudicated batch of demands will be given to a mediator selected from a group of five mediators proposed by the provider, with HomeBlue and the remaining claimants’ counsel being able to strike one mediator each, and then rank the remaining mediators with the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, HomeBlue, the remaining claimants in the Mass Filing and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either HomeBlue or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction as set forth in these Terms and under applicable law. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither HomeBlue nor the remaining claimants opt out and the parties cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in Section 12(d)(vi)(D). Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

G. Arbitration Decision & Award

The arbitrator will render an award within the time frame specified in the applicable provider rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Section 12(d)(iii) (“CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER”) above, and also must be consistent with the provisions of Section 7 (“Limitations of Liability”) of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. As detailed above in Section 12(d)(vi)(A) (“The Provider & Fees”), attorneys’ fees will be available to the prevailing party only if authorized under the substantive law governing the claims in the arbitration or if imposed by the arbitrator as a sanction consistent with the other provisions of this Arbitration Agreement.

No arbitration award or decision will have any preclusive effect as to issues or claims in any other Dispute, except to preclude the same or similar claims from being re-arbitrated between the same parties.

H. Confidentiality

Unless otherwise prohibited by law, all arbitration proceedings pursuant to this Arbitration Agreement will be confidential and closed to the public and any parties other than you and HomeBlue (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court relief in connection with any such proceeding (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

e. Exceptions to Arbitration

Notwithstanding the parties’ agreement to resolve all Disputes through binding arbitration as set above in Section 12(d) above:

i. Compliance with Informal Dispute Resolution Procedures

Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures set forth in Section 12(c) resolved by a court as a precursor to arbitration.

ii. Small Claims Court and Time-Barred Claims

Either party may elect to have Disputes resolved in a small claims court regardless of what forum the filing party initially chose, provided the Disputes are within the scope of that court’s jurisdiction.

Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under these Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

iii. Provisional Relief

Either party may apply to a court of competent jurisdiction, as set forth herein, for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.

f. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the Arbitration Agreement, including the CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER set forth in Section 12(d)(iii), by sending written notice of your decision to opt out to arbitration@homeblue.com. Your written notice must have the subject line “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of (i) the effective date for you of the most recent update of this Dispute Resolution Section or (ii) your first date that you used the Services, whichever is later. Otherwise, you shall be bound by the Arbitration Agreement set forth above. If you opt-out of the Arbitration Agreement, HomeBlue also will not be bound by it.

If you opt out of the Arbitration Agreement, you or we may exercise your or our right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Disputes under a prior version of this Agreement will not apply to claims not yet filed.

HomeBlue will continue to honor any valid arbitration opt-outs. That is, if you validly opted out of arbitration pursuant to a prior version of Terms, HomeBlue will treat you as opting out of arbitration pursuant to these Terms as well. If you do not timely opt out of the Arbitration Agreement in these Terms, such action shall constitute mutual acceptance of the terms of the Dispute Resolution Section 12 by you and HomeBlue.

g. Changes to this Section

We will provide thirty (30) days' notice of any material changes to the Dispute Resolution Section by posting a notice on the Services, informing you via email, or otherwise complying with any applicable notice or consent requirements. Material amendments will become effective on the 30th day following notice to you and will apply to all claims not yet filed. Unless you follow the termination procedure described below in Section 13 (or you follow any opt-out procedure provided in the amended terms), you agree that any unfiled claims are subject to the revised clause. If you terminate without opting out, and your termination is effective before the updates to this Section 12 take effect, then the version of this Section that was in effect on the effective date of your termination will continue to apply.

h. Survival

This Dispute Resolution Section shall survive any termination of your agreement to these Terms subject to the 30-Day Right to Opt Out and Changes to this Section provisions above.

13. CLASS ACTION WAIVER FOR COURT ACTIONS

To the extent a dispute between you and HomeBlue is not subject to arbitration in accordance with Section 12, you may only resolve your dispute with HomeBlue on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, or representative action. To the extent a dispute between you and HomeBlue is subject to arbitration, the terms set forth in Section 12 shall apply, including those regarding class arbitration, private attorney general arbitration, arbitration involving joint or consolidated claims, and batching.

14. MODIFICATIONS TO THE TERMS

We reserve the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice, except as provided above in Section 12 with respect to changes to the Dispute Resolution section. We will notify you of changes by posting on the Services, sending you a message, and/or otherwise notifying you in accordance with our legal obligations. Your use of the Services following our notification to you shall constitute your consent to the changes. If you do not agree, you may not access or use the Services.

15. GENERAL PROVISIONS

Electronic Messages. You agree that us may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. With your consent, we, Members, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from us, Members, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to consent@homeblue.com with "Revoke Electronic Consent" in the subject line. For a free paper copy, or to update our records of your contact information, send an email to consent@homeblue.com with contact information and the address for delivery.

Force Majeure: Neither us nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. CONTACT US

If you have any questions about these Terms or the Services, please contact us by sending an email to terms@homeblue.com, or by writing to us at 1350 Beverly Road, Suite 115 #159, McLean, Virginia 22101.