Terms of Use

AHS APP/WEBSITE TERMS & CONDITIONS

PLEASE READ THESE AHS APP/WEBSITE TERMS & CONDITIONS. BY CLICKING THE “AGREE” BUTTON/BOX (OR ANY OTHER MECHANISM PROVIDED), OR BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

PLEASE NOTE: DISPUTES BETWEEN YOU AND US ARE, WITH LIMITED EXCEPTION, SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION AND JURY-TRIAL RIGHTS, AS DETAILED IN SECTION 13.4 BELOW (“MANDATORY ARBITRATION AND CLASS ACTION WAIVER”).

These terms govern your use of the American Home Shield® mobile application (the “App”), the websites available at 5wio.mikeshiner.com and myaccount.mikeshiner.com (the “Sites”), and related services, information and communications (together with the Sites and the App, the “Services”). Together with the Privacy Policy, which is incorporated by reference into these terms, they form a legal agreement between you and American Home Shield Corporation, which owns and operates the Services on behalf of itself and its affiliates (together, “AHS” “we” or “us”), and are referred to as the “Agreement.”

What are the requirements to use the Services?

By using the Services, you agree that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, this Agreement; (4) you will not access the App or the Sites through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future access to the Services.
To use the App you must create an account (including setting up a username and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Services due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

What uses of the Services are prohibited?

You may not copy, distribute, or transmit any of the Services without our prior written consent. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any of their content. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services. We cannot and do not guarantee or warrant that files made available for downloading through the Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You may not access or use the Services for any purpose other than the purposes for which we make them available. As a user of the Services, you agree not to:

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained within the Services (collectively, the “Content”) or enforce limitations on the use of the Services and/or the Content;
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Use the Services to advertise or offer to sell goods and services;
Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Attempt to impersonate another user or person;
Sell or otherwise transfer your account;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising the App or the Sites;
Attempt to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Services, or bypass any measures of the Services designed to prevent or restrict access;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing the Services to you;
Delete the copyright or other proprietary rights notice from any Content;
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any user’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices; or
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

What rules govern your contributions?

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App or the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and/or through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you agree that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Agreement;
You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Agreement, and your Contributions do not violate the privacy or publicity rights of any third party;
Your Contributions are not false, inaccurate, or misleading;
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another person or group of people;
Your Contributions do not violate any applicable law, regulation, or rule;
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, and your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

By posting your Contributions to any part of the Services, or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you agree that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Notwithstanding the foregoing, to the extent that certain Services allow you to post Contributions for the purpose of facilitating a service request or communications with AHS, we will not publicly share or display your Contributions unless you provide us with express consent.
We do not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions and you expressly agree to indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations within the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
In the event that we provide you areas within the Services to leave Contributions in the form of reviews or ratings, such Contributions must also comply with the following: (1) you should have firsthand experience with the service or provider being reviewed; (2) your reviews should not contain references to illegal activity; (3) you should not be affiliated with competitors if posting negative reviews; (4) you should not make any conclusions as to the legality of conduct; and (5) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and we do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

How do we protect your personal information?

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you provide to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
What changes can we make to the Services?

We reserve the right to change the Services, including the App and the Sites, and this Agreement, at any time. We will alert you about any changes by updating the “Last updated” date of this Agreement and you waive any right to receive specific notice of each such change. You should periodically review this Agreement to stay informed of updates. AHS may also, in our sole discretion, notify you of such changes by sending you a message and/or otherwise notifying you when you are logged into the App or the Sites. However, you will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised version of this Agreement by your continued use of the Services after the date such revised Agreement is posted.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in this Agreement will require us to maintain and support the Services or to supply any corrections, updates, or releases for them.

What other terms apply?

Certain products and/or services available through the Services (including but not limited to American Home Shield home warranty plans) may have different terms and conditions posted or may require you to agree with and accept additional agreements or policies. In the event of a conflict between the provisions of this Agreement and the provisions of any agreements governing a specific product or service (including but not limited to your home warranty plan agreement), those specific agreements will apply.
The Services may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the content of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and we make no representations regarding the content or accuracy of materials on the linked third-party websites. If you access any linked third-party websites, then you do so at your own risk.

What are our intellectual property rights?

American Home Shield®, AHS® and certain other trademarks used in the Services (the “Marks”) are trademarks or registered trademarks of AHS. Absent a written license agreement, you may not use these trademarks or any other trademarks belonging to AHS except for descriptive purposes. Other trademarks used in the Services are the property of their respective owners and are used solely for descriptive purposes.
Unless otherwise indicated, the Services are our proprietary property and all Content contained therein, including but not limited to, in the App or on the Sites, is owned or controlled by us or licensed to us, and protected by patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided in the Services “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

How do we use email and other electronic communications?

We may be required by applicable law to give you certain important notices or disclosures in writing in connection with your use of the Services, and you agree that all such required notices and disclosures, as well as agreements, notices and other communications we provide to you electronically, via email or as a notification in the App, the Sites or through other electronic means (collectively, “Disclosures”), satisfy any legal requirement that such Disclosures be in writing. BY ACCEPTING THIS AGREEMENT, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF DISCLOSURES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED IN CONNECTION WITH THE SERVICES. You further agree that the Internet access device(s) you will use to receive Disclosures meet(s) the system requirements described below, and that your electronic acceptance or signature on any agreement or document has the same effect as if you signed it in ink. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
In order to receive, access, view, sign and retain Disclosures, you must have an electronic device with Internet connectivity to use the App and Site, and a valid e-mail account with an Internet service provider.
You must keep us informed of any change to your contact email address or other contact information. If you need to update your contact information, you may do so by visiting “Account ” through the side menu of the App, or by visiting myaccount.mikeshiner.com. We will not assume liability for non-receipt of Disclosures in the event your contact information on file is invalid, your email or Internet service provider filters the notification as “spam” or “junk mail”, there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software, or for other reasons beyond our control.
You are free to withdraw your consent to receive Disclosures electronically at any time. However, once you withdraw your consent, we will no longer be able to send you electronic copies of Disclosures, and we may terminate or limit your access to the Services. To withdraw your consent, please contact us by visiting “Get Help” within the side menu of the App or by visiting myaccount.mikeshiner.com. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity, and enforceability of Disclosures that were previously provided or signed electronically will not be affected.

What rules apply to video chat services?

The App provides you access to certain video chat services (“Video Services”) to communicate with AHS video experts (“Video Experts”) who may provide assistance for your selected issue. Your use of the Video Services is subject to the following terms:

Cameras. Your Video Expert has the option to (i) enable (A) the Video Expert-facing cameras and (B) your self-facing and/or world-facing cameras (in the case of (B), subject to your approval), so you may see the Video Expert and the Video Expert may see you via video and (ii) initiate recording the video of that chat session (“Video Recording”). By using our Video Services, you consent to the Video Recording of any chat session that you have via Video Services and you give your permission to AHS to use your likeness and voice in connection with such Video Recordings, and you release AHS and anyone acting under its authorization from any claims that any use of the Video Recordings as authorized herein violates any of your rights, including any rights of publicity or privacy. AHS may, in its discretion, make such Video Recordings available to you through the Services or otherwise.
Be Careful and Respectful. Video Experts and other AHS representatives should be treated with respect. We know that requesting service can be stressful, but if you or anyone interacting with us on your behalf are verbally abusive or threaten the safety, well-being, or property of our Video Experts or other representatives, we may terminate your access to the Services and any products or services you have purchased. Our Video Experts strive to place your safety first, but if at any time you are uncomfortable performing actions suggested by a Video Expert, you should stop and communicate this to the Video Expert.
Reasonable Use. Video Services are provided solely for your reasonable use, as determined in our sole discretion, to obtain assistance from Video Experts regarding home services issues. The range of issues that Video Experts may address shall be specified by AHS at the time of your registration or purchase, or as otherwise indicated by AHS in our discretion. The Video Experts who assist you will be selected by AHS and may not be the same for all of your chat sessions.
Disclaimer. AHS makes no representations and provides no warranties or guarantees regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Video Services or information provided through the Video Services. You are responsible for your compliance with applicable laws.
Video Content. You are solely responsible for your use of the Video Services, and you agree that your use of your device's camera to capture video and/or images shall comply with the requirements for Contributions described in Section 3.1. Notwithstanding the foregoing, subject to applicable law and the terms of our Privacy Policy, all images, artwork, technology and other content, data, meta-data, information, materials and other items recorded, streamed, provided or made available by you to AHS through your access and use of the Video Services, and all information and materials derived from or based on the foregoing, shall be and remain the sole and exclusive property of AHS.
Impermissible Use and Sharing. You may not use, or attempt to use, the Video Services through any means not explicitly and intentionally made available, provided or intended with respect to the Video Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Video Services or any other systems connected to the Video Services). You may not use or access the Video Services in any manner that could damage, disable, overburden, or impair the Video Services or that could interfere with the rights of or otherwise harm AHS. To the extent permitted by AHS, you may use and share Video Recordings with local pros in connection with your home repair or maintenance. Any other reproduction or distribution, and any commercial use, of Video Recordings is strictly prohibited.

How do we use text messaging (SMS)?

You may elect to receive certain notices and announcements via SMS through the AHS service notification program or the AHS promotional text program. As part of the service notification program, you may receive notifications related to each service request you submit. As part of the promotional text program, you may receive a varying number of informational or promotional messages per month. In either case, message and data rates may apply. Neither AHS nor carriers are liable for delayed or undelivered messages. When you opt-in to either program, AHS will send you a message to confirm your signup. You can cancel a program at any time by texting “STOP” to us. After you send the message “STOP” we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages through that program. For all questions about the programs, you can text HELP to us or you can visit “Get Help” within the side menu of the App.
What are the limitations on our liability to you?

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AHS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) AHS DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AHS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
AHS may provide tips, lists, suggestions or similar content (collectively, “Home Care Tips”) concerning popular home maintenance or improvement projects. Your following Home Care Tips may help mitigate common home maintenance and other issues, but Home Care Tips are not comprehensive, nor are they tailored to your specific home. Any advice given in connection with Home Care Tips is provided based on generalized, public knowledge concerning home maintenance and is not provided by experts. Home Care Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. AHS disclaims any warranties or representations with respect to Home Care Tips.
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES OR THEIR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE LIMIT OF LIABILITY SET FORTH IN YOUR HOME WARRANTY PLAN AGREEMENT, IF YOU HAVE A HOME WARRANTY PLAN AGREEMENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. Subject to applicable law, any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.
Through the Services you may receive access to special offers or discounts applicable for third-party services. AHS shall not be liable for the representations, actions or omissions of any provider of such services. If a dispute arises between you and such provider, you hereby release AHS from any claims, demands or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

What happens if you violate this Agreement?

You agree to indemnify, defend and hold harmless AHS, its parent, affiliates, shareholders, agents, licensors, suppliers and any third-party information provider to the Services, together with their officers, directors, owners, partners and employees, from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from: (a) any violation of this Agreement (including negligent or wrongful conduct) by you; or (b) your use of or access to the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You agree that we, in our sole discretion and without prior notice, may terminate your access to the Services and/or block your future access to the Services if we determine that you have violated this Agreement or other agreements or policies which may be applicable to products or services available through the Services. You also agree that any violation by you of this Agreement will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You agree that we, in our sole discretion and without prior notice, may terminate your access to the Services for cause, which includes: (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Services or any product or service offered on or through the Services, or (4) unexpected technical issues or problems. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

What do you do if things do not go as expected?

Applicability. In the event of a dispute between you and us, if the dispute is subject to a home warranty plan agreement between you and us and/or you are a party to a home warranty plan agreement with us, then the dispute resolution provisions of that home warranty plan agreement apply. Otherwise, the following provisions of this Section 13 apply.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without application of conflict of laws rules. You hereby waive any and all jurisdictional and venue defenses otherwise available.
Resolution of Any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most concerns can be resolved quickly by contacting us, which may be initiated by visiting “Get Help” within the side menu of the App, or calling Customer Service. If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed with respect to any dispute, controversy or claim arising out of or in any way relating to your use of the Services (“Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND WE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND US TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Any Claim will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The parties also agree that the Federal Arbitration Act and federal arbitration law applies to this Agreement. In addition, the arbitrator, and not any court, will have exclusive authority to resolve any dispute between the parties relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Section 13, including that any part of this Section 13 is voidable, subject to Section 13.5(c) below.

Notice of Disputes. If a dispute arises between us, the party who intends to seek arbitration must send a written notice of dispute describing the claim and specific relief sought. All notices to us shall be sent to the following email address: legal@mikeshiner.com. All notices to you will be sent to the electronic mail address we have on file for you. The notice must include the initiating party’s digital or ink signature and, if the party is represented by an attorney, the attorney's signature. No arbitration shall be commenced, and no arbitration fees shall be assessed, until we have received a compliant written notice and we have had 30 days to evaluate and respond to the notice.
Arbitration Procedures. Any arbitration shall be conducted by JAMS pursuant to the JAMS Comprehensive Rules (and the JAMS Mass Arbitration Procedures and Guidelines, if applicable) (collectively, (the “JAMS Rules”), except as modified by this Section. The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except as modified by this Section. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the State of Tennessee, or at another mutually agreed location.
Class Action Waiver. You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action. Any dispute or claim will be brought in an individual capacity only, and an arbitrator will have no authority to award class-wide relief or relief to any other claimant. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver provision is unenforceable shall be decided by a court and not an arbitrator.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION IN ANY FORUM.
Batching of Similar Actions. To increase efficiency of resolution, if 25 or more similar arbitration demands, presented by or with the assistance of the same law firm(s) or organization(s), are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall (a) group the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are less than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with us and JAMS to implement such a batch approach to resolution and fees.

Survival. Your and our rights and obligations under this Section will survive any termination or expiration of this Agreement or your account with us. If any terms of this Agreement shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

What else do you need to know?

This Agreement, together with any other additional terms governing other products or services available through the Services (including but not limited to the home warranty plan agreement), constitutes the entire agreement between you and us regarding the Services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Services. No modification of this Agreement will be effective unless we authorize it.
What special terms apply to Apple and Android devices?

The following terms apply when you obtain the App from either the Apple Store or Google Play (each an “App Distributor”): (1) this Agreement is between you and AHS only, and not with the App Distributor, and AHS, not the App Distributor, is solely responsible for the App and its content; (2) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (3) as between us and each App Distributor, we are responsible for providing any maintenance and support services with respect to the App as specified in this Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (4) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (5) we, not the App Distributor, are responsible for any claims from you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation; (6) in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not the App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (7) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (8) you must comply with applicable third-party terms of agreement when using the App; and (9) you acknowledge and agree that each of the applicable App Distributors is a third-party beneficiary of this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.

(Last updated October 29, 2024)

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