Agreement between user and Homezze.com

Welcome to Homezze and Homezzepro, a platform operated by Xpbids, Inc. (“Xpbids,” “we,” or “us”) that connects independent service professionals (“Service Professionals”) with individuals or businesses (“Clients”) looking to complete their construction, renovation, or other project (“Project”).

These Terms of Use describe the terms and conditions (the “Terms”) that apply to https://homezze.com/ and https://homezzepro.com/ Web and mobile Web pages (collectively, “the Platform”). By accessing any part of the Platform, you are consenting to both the Terms contained here, as well as those contained in our Privacy Policy. These Terms are a contract between you (“you”or “User”) and Xpbids Inc. (“Xpbids,” “XpBids,” “we,” or “us”) which operates Homezze and Homezzepro, without modification. Reference to Xpbids is synonymous with Homezze and Homezzepro. In other words, if you do not agree to these Terms or our Privacy Policy, please do not use or access these platforms.

Xpbids operating Homezze and Homezzepro reserves the right, in our sole discretion, to revise the Terms as necessary or appropriate. While we do our best to email Users of updates to our policies as a courtesy, it is your responsibility to review the Terms to stay informed. This page will always reflect the most current version of our Terms.

The Platform

Through our platforms “Homezze” and “Homezzepro” XpBids, Inc. provides tools and features that individuals and businesses (“Clients”) and independent service professionals (“Service Professionals”) use to find, pay and track construction, home renovation, or other projects (“Labor”). Homezze nor Homezzepro is not in the business of providing any construction, home renovation, or other project services (“Labor”), and is not responsible for the quality and/or outcome of the work Labor or not provided by Service Professionals. Homezze nor Homezzepro does not control, and has no right to control, the Labor a Service Professional provides (including how the Service Professional provides such Labor), except as specifically noted herein.

Service Professional(s) and Service Professional Businesses

Service Professionals are not employees, joint venturers, partners, agents or spokespersons of Homezze. They are compensated as independent contractors who set or confirm their own prices, provide their own equipment, and determine their own work schedule.

By creating and maintaining an account on the Platform, Service Professionals receive only the ability to use the Platform to access persons interested in receiving Labor and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Labor. Using the Platform does not guarantee that anyone will engage Service Professionals for Labor.

Homezze, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a check. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Homezze by XpBids’ vendors.

Our Platform is only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform 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.

Users of the Platform

Users of our Services include homeowners, contractors and laborers, including plumbers, home renovators, snow removers, fire & water damage remediators, landscapers, movers, tree trimmers, remodelers for kitchen & bathrooms, handymen, flooring specialists, home electronic installers, garage door servicers, roofers, general contractors, masonists, appliance installers, woodworkers, concrete workers, carpet cleaners, window washers, refinishers, HVAC installers, home and officer cleaners, pool installers & servicers, who we call “Service Professionals,” and individuals and entities looking for such construction assistance (“Clients”), (collectively, “Users”). By registering or using the Platform to offer, post, or provide Labor, Service Professionals represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their labor services and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.

User Enrollment Websites

Homeowners are permitted to enroll to use Homezze services at https://homezze.com/ and Service Professional(s) and Service Professional business are permitted to enroll to use homezze services through enrollment on https://homezzepro.com/. Homezze and Homezzepro are collecting basic information from the Service Professional to best match them with the categories and subcategories that match their industry and to homeowners that request such services they offer. Enrollment is not a guarantee that projects will be matched to service professionals.

During and after enrollment, Homezze allows Service Professionals to upload images and short videos describing the services they can provide. By enrolling, Service Professionals are allowing Homezze to use the images and videos to promote the Platform, as Homezze sees fit, without requiring further permission from the Service Professional.

Electronic Communications

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, whether via email or through the Platform, satisfy any legal requirement that such communications be in writing, and consent to receive such electronic communications from us.

Your Account

As a User, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and agree to accept responsibility for all activities that occur under or through your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Homezze is not responsible for third-party access to your account that results from theft or misappropriation of your account. Homezze operated by Xpbids and its associates reserve the right to refuse access or terminate accounts in our sole discretion.

If Homezze operated by Xpbids decides to terminate an account due to the User violating these Terms and/or any of Homezze policies, Homezze by Xpbids will not refund any membership fees already due.

Homezze does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Platform only with the permission of a parent or guardian.

Fees, Service Charges and Escrow

Homezze collects fees from Service Professionals and Clients in these ways:

Homezze charges Service Professionals a percentage of the fees collected from Clients, in accordance with the following chart:

Homezze charges clients a flat percentage of the bid amount they pay into escrow. The flat percentage is 3% of the amount deposited to escrow. This payment is collected immediately at the time Clients pay the bid amount into escrow and is non-refundable. I.e., if a project is canceled for any reason before completion, in general, Homezze will not refund this amount. It is up to Homezze’ discretion to refund this Client fee.

Homezze offers Service Professionals four types of membership:

Basic Membership

Which provides free access to the Platform upon account registration at no cost to the Service Professional.

Premium Membership:

The Premium membership provides marketing advantages for Service Professionals to assist with seeking and acquiring projects by prospective clients, and a discount on the fees they must pay to Homezze. The Premium membership does not guarantee that the Service Professional will convert any projects, but rather provides priority access to bidding, by featuring Service Professional bids of Premium members before those of Basic members, and other benefits including (This is only currently available to Service professional businesses in the State of Ohio):

1. Early Post Notification.
2. Access to bidding list related to the project;
3. Unlimited bid changes;
4. Support and Account Management.
5. Review of Bid history with an account manager; and
6. Recommendation to improve client conversion rates

Premium membership costs $30.00 per month, which will be billed on the first day of every month.

The Premium discount only applies while Service Professionals maintain an active premium status. In the event that Service Professional stops paying for their Premium membership while a project is active, the Service Professional must pay any overdue membership fees to collect payment(s). Payments owed to the Service Professional will be held in escrow until the Service Professional pays overdue fees.

Homezzepro Business Membership:

Homezze offers service professionals a business membership as part of its subscription model. This subscription does not include benefits provided in the Basic Membership with exception of users in the State of Ohio. Business membership costs $60.00, refer to membership benefits.

Homezzepro Business Plus Membership:

Homezze offers service professionals a business membership as part of its subscription model. This subscription does not include benefits provided in the Basic Membership with exception of users in the State of Ohio. Business Plus membership costs $100.00, refer to membership benefits.

All members receive a first time Statement of Work (“SOW”) discount in the amount of 15% on the fee collected from the total price of the Project.

A Premium membership gives Service Professionals a recurring 15% discount on the fees they have to pay to Homezze, as follows:

Escrow

Homezze uses Stripe as Escrow services. Once a Client agrees to a Scope of Work from a Service Professional, Client pays the cost of the project into escrow, where it is held until the Client has reviewed and accepted a submitted phase(s). Please see the Cancellation and Refund section below for what happens when a project is canceled before completion, and the Project Life Cycle section for what happens if issues arise.

Project Funding

Some clients may choose to pursue loans with third party lenders, such as Lending Tree, Upgrade, Loandepot, Upstart, or Affirm, and other lenders to pay for projects. XpBids is not responsible for any of these loans.

Account Suspension

Service Professionals will be subject to suspension and/or removal from the Platform, at the Platform’s discretion, if it is determined that the quality of Labor is egregiously and consistently below professional expectations or below the standard of the industry. Service Professionals and Clients will also be subject to suspension and/or removal from the Platform if it is determined that fraudulent practices were or are being employed while the project is in flight or incident of theft is reported and verified.

Cancellation and Refund Policy

All Users may seek to cancel or terminate their use of the Platform at any time they desire to do so, subject to these Terms. Termination of membership also triggers cancellation of any outstanding projects. Any owed fees or account balances will be due at that time and the User will be responsible for any such fees and be required to make prompt payment of such.

If a User has any outstanding projects and seeks termination or their account, XpBids will first commence up to 15-day review of your account and any fees you may owe or be owed. After this 15 day review period, XpBids will begin processing any refunds due, minus the cost of services already rendered or fees due.

IN GENERAL, IF A SERVICE PROFESSIONAL CANCELS A PROJECT BEFORE COMPLETION, DUE TO NO FAULT OF THE CLIENT, HOMEZZE POLICY IS FOR CONSUMERS TO RECEIVE A REFUND OF ANY DEPOSITS LEFT IN ESCROW.

HOMEZZE CANNOT AND WILL NOT RESOLVE DISPUTES REGARDING ANY FUNDS ALREADY DISBURSED FROM ESCROW.

Cancellation of a project will automatically trigger: 1) up to 30-day review of any possible breach in the agreement stipulated in the Statement of Work (“SOW”), and (2) an automatic notification of the cancellation to the Client.

During the 30-day period, it is the Client and Service Professionals responsibility to communicate any issues regarding performance to Homezze. Homezze will attempt to resolve any issues related to breach as a courtesy, but both Clients and Service Professionals may choose to explore legal options available to them outside of these Terms to seek refunds. Service Professionals are aware that Clients may pursue damages against them outside of XpBids’ limited scope of coverage for counterparty risk.

Users agree that in no event will Homezze operated by Xpbids be liable or responsible for any funds disbursed to Service Professional or any funds refunded to Client.

During this review period, Homezze determines how to distribute any balances left in escrow. After completion of review, Homezze will trigger payment of any balance left in escrow as appropriate. Again, Homezze cannot and will not resolve disputes regarding any funds already disbursed from escrow.

In general, if a Client cancels a Project before completion, Homezze’ policy is for Clients to receive a refund of any deposits left in escrow, after Homezze has deducted its fees and any costs incurred by Service Professionals, prior to the cancellation. In general, the Client will owe payment to the Service Professional for any milestones for which activity is underway. Consequently, Clients should think carefully about canceling a project while a milestone is underway.

Client will be responsible for paying for all work and purchased materials up to the time of cancellation and Client will receive any such unused materials upon cancellation.

Account Restoration

Homezze permits previously terminated Users to restore their membership, subject to the exception of those Users who Homezze removed from the Platform for violation of these Terms, and Homezze discretion.

For Users that have paid premium membership fees, these fees shall be non-refundable even if the User is removed from the Platform prior to the expiration of the premium membership period.

Statement of Work (“SOW”)

The SOW refers to the Statement of Work the Service Professional submits to the Client as a proposal of all of the work to be performed for the Project. This is akin to a bid. The submission of an SOW by a service professional is not representative of any engagement or agreement Homezze has with the client. The SOW is a tool leveraged by the Service Professional and the Client to outline their intent to enter into an agreement for the respective project. The SOW is not an agreement between Homezze and any other party.

Project Life Cycle

Each Project has a life cycle divided into one or more phases/ Task(s) that is driven by the respective SOW the Service Professional and Client agreed upon. When Service Professional completes a phase, the Client is given the agreed upon (in the SOW) time of days to review that phase. Upon approval, funds are released from the balance in escrow and disbursed to the Service Professional. If the Client cancels the project before completion of the life cycle, the Service Professional will be paid the completed percentage of work as indicated in their personal project tracking dashboard. It is the Service Professional’s responsibility to make sure their project tracker is updated, and Homezze will not compensate Service Professionals for portions of work completed or costs of materials incurred for which they did not update the project tracker before cancellation occurred. If the Client does not escalate issues regarding Labor provided for the Phase prior to the window elapsing, the funds will be automatically disbursed to the Service Professional.

A Client may pursue any damages outside of Homezze’ counterparty risk measures, which are limited to ensuring only that phases and tasks were completed and tracked for efficiency, transparency and safe funds disbursement.

Please note that Homezze is not able to recoup any disbursements made to Service Professionals for phases that you have already approved disbursement. It is your responsibility to escalate issues to XpBids regarding Labor before approving disbursement.

Homezzepro SaaS

The homezzepro solution is designed to empower service professionals in managing their independent businesses and clients. Homezze operated by Xpbids is not responsible for transactions processed through its web and mobile applications. Homezze nor Homezzepro operated by Xpbids is not responsible for communication, estimation, quotes, deposit request, review and request for approval and payment transactions between service professionals and clients. Any efforts to seek resolution as a result of poor quality of work or seek any form of reimbursement or refund will be directly handled between service professional and client. All projects triggered or created by service professionals through the estimation workflow will be managed directly by the service professional business. Homezze does not represent Service professionals nor will Homezze and Homezzepro operated by Xpbids be responsible for such projects.

Third-party Websites and Services

The Platform may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of Homezze.com and Homezzepro.com operated by XpBids and Xpbids is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Homezze.com and Homezzepro.com are providing these links to Users both service professionals and clients only as a convenience, and the inclusion of any link does not imply endorsement by Xpbids or its operated sites of a Linked Site or any association with its operators.

Certain services made available via the Platform are delivered by third-party websites and organizations. By using any product, service or functionality originating from the https://homezzepro.com/ and https://homezze.com/ domains, you hereby acknowledge and consent that Homezze may share such information and data with a third party as is necessary for the third party to provide the requested product, service or functionality on behalf of Homezze and/or Users.

No Unlawful or Prohibited Use and Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms. As a condition of your use of the Platform, you warrant to Homezze that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Homezze operated by Xpbids or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Content on the Platform is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Platform solely as intended by Homezze – to advertise your Labor or secure projects or Labor — and will make no other use of the content without the express written permission of Homezze and any other applicable copyright owner(s). You agree that you do not acquire any ownership rights in both the Platform and any content found on the Platform. We do not grant you any licenses, express or implied, to the intellectual property of Homezze or our licensors except as expressly authorized by these Terms.

Use of communication services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper, legal, and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any other applicable laws or regulations.

Homezze and Homezzepro have no obligation to monitor the Communication Services. However, Homezze reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, as well as to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Homezze reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Homezze’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or any individuals in any Communication Service. For example, do not give any personally identifying information about your children in a Communication Service. You can explain to a Service Professional that you want a swing set constructed without giving the names of the children you want the set constructed for. Homezze does not control or endorse the content, messages or information found in any Communication Service and, therefore, Homezze specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Service Professionals are not authorized Homezze spokespersons, and their views do not necessarily reflect those of Homezze.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to XpBids or posted on the Platform

Homezze does not claim ownership of the materials – including feedback and suggestions – that you provide to Homezze, or post, upload, input or submit to the Platform (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission, you are granting Homezze, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to any such use of your Submission, as provided herein. Homezze is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

International Users

The Platform is controlled, operated and administered by Homezze from our offices within the United States of America (“USA”) and intended to reach an audience within the United States. If you access the Platform from a location outside of the USA, you are responsible for compliance with all applicable local laws. You agree that you will not use the Platform in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Homezze, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out: of your use of or inability to use the Platform; any Submissions made by you; or your violation of the Terms, any rights of a third party, or any applicable laws, rules or regulations. Homezze reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Homezze in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XPBIDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.

HOMEZZE AND HOMEZZEPRO OPERATED BY XPBIDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOMEZZE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMEZZE NOR HOMEZZEPRO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XPBIDS AND ITS OPERATED PLATORMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

Termination of Access

Homezze and Homezzepro operated by XpBids reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice.

ARBITRATION

ANY AND ALL MATTERS OF DISPUTE BETWEEN THE PARTIES TO THIS AGREEMENT, WHETHER ARISING FROM OR RELATED TO THE AGREEMENT ITSELF OR ARISING FROM ALLEGED EXTRA-CONTRACTUAL FACTS PRIOR TO, DURING, OR SUBSEQUENT TO THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, NEGLIGENCE, OR ANY OTHER ALLEGED TORT, SHALL BE DECIDED BY ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION CURRENTLY IN EFFECT AND IN ACCORDANCE WITH TITLE 9 OF THE UNITED STATES CODE, UNLESS THE PARTIES EXPRESSLY AGREE OTHERWISE IN WRITING. NOTICE OF THE DEMAND FOR ARBITRATION MUST BE PROVIDED, IN WRITING, TO THE OTHER PARTY AND MUST BE MADE WITHIN THIRTY (30) DAYS AFTER THE DISPUTE HAS ARISEN, TIME IS OF THE ESSENCE. ALL STATUTES OF LIMITATION, WHICH WOULD OTHERWISE BE APPLICABLE IN A JUDICIAL ACTION BROUGHT BY A PARTY, WILL APPLY TO ANY ARBITRATION OR REFERENCE PROCEEDING HEREUNDER. THE ARBITRATION WILL BE DECIDED BY A PANEL OF THREE (3) ARBITRATORS SELECTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION WILL BE INITIATED AND CONDUCTED IN CLEVELAND, OHIO. SAID ARBITRATION WILL OCCUR WITHIN THIRTY (30) CONSECUTIVE DAYS AFTER THE PARTY DEMANDING ARBITRATION DELIVERS THE WRITTEN DEMAND ON THE OTHER PARTY, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE IN WRITING. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO. THE AWARD RENDERED BY THE ARBITRATORS WILL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON ALL PARTIES, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. EXCEPT BY WRITTEN CONSENT OF THE PARTIES, NO ARBITRATION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PARTIES’ DEALINGS MAY INCLUDE, BY CONSOLIDATION, JOINDER OR IN ANY OTHER MANNER, ANY PERSON OR ENTITY NOT A PARTY TO THE AGREEMENT UNDER WHICH SUCH ARBITRATION ARISES. THE ARBITRATION AGREEMENT HEREIN AMONG THE PARTIES WILL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. NEITHER PARTY WILL APPEAL SUCH AWARD NOR SEEK REVIEW, MODIFICATION, OR VACATION OF SUCH AWARD IN ANY COURT OR REGULATORY AGENCY.

THE ARBITRATORS WILL AWARD TO THE PREVAILING PARTY, IF ANY, AS DETERMINED BY THE ARBITRATORS, ALL OF ITS COSTS AND FEES. “COSTS AND FEES” MEAN ALL REASONABLE PRE-AWARD EXPENSES OF THE ARBITRATION, INCLUDING THE ARBITRATORS’ FEES, ADMINISTRATIVE FEES, TRAVEL EXPENSES, OUT-OF-POCKET EXPENSES (SUCH AS COPYING AND TELEPHONE), COURT COSTS, WITNESS FEES AND ATTORNEYS’ FEES. THIS SECTION PROVIDES THE SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any dispute shall be resolved in accordance with the above ARBITRATION section of this Agreement. Any action instituted by either party arising out of this Agreement shall be brought, tried and resolved in the state courts having jurisdiction in the State of Ohio, located in Cuyahoga County. Nothing in this Section shall be construed as waiving any of the mandatory and binding above arbitration provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Homezze and Homezzepro operated by XpBids as a result of these Terms or your use of the Platform. Homezze and Homezzepro operated by XpBids’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is intended to permit derogation of Homezze and Homezzepro operated by XpBids’ right/legal obligation to comply with governmental, court and law enforcement requests. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the Users “Service Professional” “Homeowners” “Clients” “Others” and Homezze operated by XpBids with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and XpBids operated platforms web and mobile app with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

https://homezze.com/ welcomes your questions or comments regarding these Terms. Please reach out to us at:

Homezze by XpBids, Inc.
565 Metro Pl S #300
Dublin, OH 43017

or by e-mail at:
Admin@homezze.com

We will try our best to respond to every communication but cannot guarantee that we will be able to do so.

Effective as of September, 1st 2023
Last updated: 8/27/2023