Terms and Conditions

Effective April 7, 2016

INTRODUCTION

Please review the following carefully as it constitutes a legally-binding agreement (“Agreement”) outlining the terms and conditions to which you agree to be bound by using our website, nuhome.com (the “Website”). Throughout this document, the words “us,” “we,” and “our,” refer to us, Nu Home Promotions, LLC dba nuHome™, or this Website, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is using the Website.

LIMITED LIABILITY

This Website is provided by us on an AS IS and on an AS AVAILABLE basis. To the fullest extent permitted by applicable law, we makes no representations or warranties, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We shall have no liability for any interruptions in the use of this Website.

COMPLIANCE WITH LAWS

By using the Website, you assume all knowledge of applicable laws related to use of the Website and are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

OUR SERVICES

We connect homeowners with service providers of all types (“Preferred Professionals”). We do not provide any of the services or products offered by Preferred Professionals on the Website or nuCards™. We do not sponsor, endorse, recommend or approve of any Preferred Professionals who offer products or services listed on the Website or nuCards™. While we try to confirm that Preferred Professionals meet certain requirements, we cannot and do not represent or warrant that any Preferred Professional is licensed, qualified, bonded, insured or capable of performing any service. Each Preferred Professional is responsible for all services and/or products that it provides to you and any and all warranties related thereto. Should you have a dispute with any Preferred Professional, you must address such dispute directly with the Preferred Professional.

DISCLAIMER REGARDING INFORMATION PROVIDED BY YOU

Our Privacy Policy sets out how we use the personal data of people who use this Website. By using this Website, you agree to the way in which we process your personal data in the manner set out in this Agreement and our Privacy Policy. Except as otherwise expressly set forth in our Privacy Policy, you agree that we have permission to store, index, manipulate disclose or resell any information you provide through the Website. Such information will be (a) treated as non-confidential and non-proprietary by us, (b) become our property and we shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by our licensees and affiliates at their sole discretion without any obligation, compensation or other liability to you, unless otherwise set forth in our Privacy Policy.

OUR IP

You acknowledge that we own all intellectual property rights used in and relating to this Website, including without limitation: (a) the trademarks “nuHome”, “nuHome Promotion”, “nuCards” and related logos; (b) the design, text, graphics, articles, blogs and other content of the web pages on this Website, together with all the web addresses associated with those web pages; and (c) in all the software used in relation to this Website, other than that which we use under license.

In addition, all intellectual property in text, graphics, data or other materials provided by us, shall be owned by us. We hereby grant you a non-exclusive, non-transferable, personal and limited license to access and use this Website. However, you must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags or other hidden text without our express written permission (which may be granted or withheld in our absolute discretion).

INDEMNIFICATION

You agree to indemnify, defend and hold us and our members, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms of Use or your use of the Website.

FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

SOFTWARE REQUIREMENTS

We utilize the latest web technologies. The site requires the latest version of Flash and Javascript must be enabled. Please upgrade to the latest browser for best experience.

GOVERNING LAW AND JURISDICTION

This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be brought in a court of competent jurisdiction located in Maricopa County, Arizona, and each party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each party hereby expressly and irrevocably waives the right to a jury trial. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any proceeding arising out of or related to this Agreement.

THIRD PARTY RIGHTS

The parties to this Agreement do not intend that any term should be enforceable by any person who is not a party to this Agreement.

ABOUT THESE TERMS AND CONDITIONS

We reserve the right to change this Agreement at any time, and you agree to abide by the most recent version of this Agreement each time you view and use the Website. You are accordingly advised to consult this Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the foregoing terms and conditions.