Terms and Conditions
Effective April 7, 2016
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.
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.
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
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).
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.
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.
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.