Terms & Conditions
In exchange for access and use of the Apps and Services, Customer agrees to be legally bound by the following:
1. Qualifications. These Terms govern Customer’s use, testing, and evaluation of Porter Home’s mobile application (“App”). Porter Home shall provide the services and access to the App solely on the terms and conditions set forth in these Terms and on the condition that Customer accepts and complies with them. By using the App and Services, Customer (a) accepts these terms and agrees that Customer is legally bound by its contents; and (b) represents and warrants that Customer is of legal age to enter into a binding agreement, and that Customer has the right, power, and authority to be bound by these Terms as the property owner or individual duly authorized to represent the owner of any property entered into the Porter Home App. If Customer does not agree to these Terms,, Porter Home will not provide access to the App, and Customer must not access, download, or install (as applicable) the App or access the Services described below. Porter Home reserves the right to change these Terms from time to time in Porter Home’s sole discretion upon notice to Customer and Customer’s continuing use of the App constitutes acceptance of these Terms. If Customer does not agree to these Terms they must cease use of the App.
2. Services. The App is designed to provide a platform for property owners to report property repair issues and improvement requests, schedule an inspection of the need, and coordinate property repairs and improvements and payment for such work (“Services”). Individual Repair or Improvement assessments or work done on a property shall each be considered a “Maintenance Request.” Customer shall receive communications and some Maintenance Request response services from Porter Home’s “Request Responder.” Porter Home reserves the right to change, add, subtract, or discontinue any of the Services in the App. The Services available will be found in the App and are AS IS. By using the App and Services, Customer understands that Customer will be liable for all App and Porter Home costs or fees and any property repair or improvement inspection or costs scheduled, booked, or carried out through Customer’s use of the App. Payment timelines and requirements will be communicated through the App and Services. Porter Home and any applicable Service Provider (defined below) each independently reserve the right to pursue legal action or collection in law or equity for failure to pay amounts due and Porter Home and Service Providers may cease or refrain from commencing any work for which payment is due and unpaid.
There are no guaranteed timelines for completion of Maintenance Requests. Porter Home’s Request Responder may provide an estimated timeline for completion based on the analysis of the Maintenance Request, availability of materials, and availability of the Request Responder and any applicable Service Provider, however, such timeline is only an estimate and not a guarantee.
3. Term. These terms shall be effective beginning the first business day after the Customer registers for the App and shall end on December 31, 2021, unless otherwise terminated or extended by Porter Home.
4. Third-Party Services. The App and Services may involve the engagement of third-party service providers to carry out Maintenance Requests that Porter Home’s Maintenance Request Responder cannot complete , and the signing of separate contracts and agreements (may be digital or physical) with service providers that are made available through the App and Services (“Service Providers”). Service Providers do not include the Porter Home Maintenance Request Responder. Customer understands that Customer has the sole choice and right to choose whether or not to engage Service Providers and to use the App and Services. Porter Home does not make any requirement to purchase services outside of Porter Home’s direct App and Services fees. Customer must do so at their sole discretion and risk. Customer agrees that if Customer chooses to move forward with any home repair/improvement services, Customer will be responsible for signing any contracts and agree to any payment required for such work, including additional Porter Home fees, if applicable. Porter Home provides a payment and document platform for work carried out by Porter Home’s Request Responder and Service Providers, but Customer understands that Customer may be entering into separate contractual relationships with a Service Provider to which Porter Home is not a party. PORTER HOME IS SOLELY A HOSTING PLATFORM FOR CONTRACTS AND PAYMENTS FOR THIRD-PARTY SERVICES. Porter Home is not liable or responsible for the actions of any Service Provider, and such Service Providers are not agents, partners, or representatives of Porter Home.
Customers should exercise caution and common sense to protect his/her personal safety and property, just as when interacting with any person whom Customer does not know. Porter Home does not currently do background checks or additional security or compliance reviews of Service Providers. Porter Home recommends Customer confirm any licensing or other regulatory requirements with the Service Provider and the applicable state and local licensing authorities. Porter Home recommends Customer confirms these licensing requirements before proceeding with Customer’s project.
5. Porter Home Project Management Services. For Services carried out by Service Providers, Porter Home will provide management and coordination Services for Customer. As such, Customer does appoint and give authority to Porter Home and its employees, contractors, subsidiaries, and assigns (“Project Manager”) to act on behalf of Customer to oversee the carrying out of a Maintenance Request by a Service Provider(s) including, but not limiting to, obtaining Service Provider quotes and contracts, providing on-site and in-property oversight of the services and work related to the Maintenance Request, communicating with Customer in regards to decision making for the Maintenance Request, making non-budgetary related decisions on behalf of Customer and communicating such to Service Provider(s), coordinating and authorizing purchasing of materials, supplies, equipment, signing on behalf of Customer for material deliveries, or other items necessary to complete the Maintenance Request. Maintenance Requests requiring signature of the Customer, except for signature for material deliveries, will be submitted to Customer via the App. The Project Manager will review and approve the invoices from Service Providers, as appropriate, and arrange for invoices to be sent to Customer via the App. Customer is responsible for payment of all invoices related to the Service Providers and applicable taxes and fees, and for the fees related to Porter Home’s Project Management Services which shall be based on a percentage of the cost of the total of the Service Provider invoices for a Maintenance Request. Porter Home’s Project Management Fee will be included in Customer’s invoice. Porter Home shall only be liable and responsible for any actions on behalf of Porter Home’s Project Management Services, subject to the limitations detailed in these terms, and not for any causes of action arising from any Service Provider. Customer understands that by utilizing the Project Management Services, Customer is granting the authorities to the Project Manager to act on Customer’s behalf and consents to such authority. Customer warrants and represents that Customer understands that Porter Home is not liable or responsible for any Customer dissatisfaction with decisions made under this Section absent gross negligence or intentional misconduct.
6. Grant of License. Subject to the terms and conditions hereof, and in exchange for Customer’s feedback related to the App, Porter Home grants to Customer, for the Beta Test Term identified above and for any extensions thereof, a limited non-exclusive, nontransferable, revocable license to use the App, solely for the purpose of Customer’s use of the Services of the App, for evaluation, and for internal purposes for which the App was developed and not for general commercial use. Customer shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or Products; modify, translate, or create derivative works based on the Services or the Products; copy for any purpose, rent, lease, download, transmit, distribute, pledge, assign, or otherwise transfer or encumber rights to the use the Services for the benefit of a third party; or access or attempt to access any other Porter Home App Customer accounts, files, or restricted information other than Customer’s own Customer Data (which is defined as electronic data, information, or material provided or submitted by the Customer in the course of using the App. Customer Data does not include data and information related to Customer’s use of the Services that is used by Porter Home in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services, or any other information reflecting the access or use of the Services by or on behalf of Customer or any other user authorized by Porter Home.) Customer shall not permit any other person to access or do, nor any other third party to do, any of the foregoing.
Furthermore, the App may contain technology and data that is licensed by Porter Home from third- parties, and use of such third-party technology and data is sublicensed to Customer hereunder in connection with Customer’s use of the App and Services for their intended purpose.
7. Use of App and Services. Customer expressly acknowledges and agrees that its use and access of the App and Services is solely at his/her own sole risk. Customer understands that the App and Services may have errors, be incomplete, and may produce unexpected results. Customer agrees and understands the risks of participating in the Beta Test. Furthermore, Customer agrees and understands that Customer is entering into any agreements with Service Providers solely at its own risk and discretion. Failure to enter in any applicable information, sign agreements, or respond to communications may affect your ability to use the App and Services.
The Porter Home App and Services, and the information, data, content,and materials which it contains are the property of Porter Home and/or its affiliates, subsidiaries, and licensors, excluding User-generated content, which Porter Home has a right to use as described below. The App and Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Porter Home and/or its affiliates, subsidiaries, and licensors are and shall continue to be the sole and exclusive owner of all right, title, and interest in and to all intellectual property rights associated with the App and Services. Any use of the App and Services other than as expressly permitted herein is prohibited without the prior permission of Porter Home and/or the relevant right holder. Customer may not copy or use any of the marks, logos, or trade names appearing on the App and Services without the express prior written consent of Porter Home or the owner.
8. Customer’s Obligations. Customer agrees to test and evaluate the App and Services, and agrees to promptly respond and provide feedback, reports, and information reasonably requested by Porter Home from time to time related to the App and Services.
Any feedback, ideas, modifications, suggestions, improvements and the like made by Customer with respect to the App and Services (“Feedback”) will be the sole property of Porter Home. Customer agrees to assign, and hereby assigns, all worldwide right, title, and interest in the Feedback and the related intellectual property rights to Porter Home, and agrees to assist Porter Home, at Porter Home’s expense, in perfecting and enforcing such rights. Porter Home may disclose or use Feedback for any purposes whatsoever without any obligation to Customer, and Porter Home shall have no confidentiality obligations with respect thereto. Customer agrees that Porter Home may copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate and otherwise use the Feedback for any and all commercial and non-commercial purposes.
Customer agrees to pay all incidental costs (such as, costs for internet and phone services, data plans, etc.) associated with the testing of the App and Services. Customer further understands that the costs associated with all Maintenance Requests booked through the App and Services are the responsibility of Customer. Additionally, while a Porter Home Request Responderwill not currently charge Customer a cancellation fee for cancelling or not showing up to an appointment under these Terms, Service Providers may have cancellation fees and Customer will be subject to their terms and payment responsibilities.
Customer agrees to let the Porter Home Request Responder and anyService Provider perform the services for the Maintenance Request for which they were booked and provide access to their property unless in the case of an emergency, if Customer feels in danger.
9. Customer Data and Systems. While using the App and Services under these Terms Customer may enter Customer Data (defined above) into the App and Porter Home may collect Customer Data. Customer has and will retain sole responsibility for: (a) all Customer Data, including its content and use; (b) all information, instructions, and materials provided by or on behalf of Customer in connection with the Services; (c) Customer’s information technology infrastructure, including phones, computer, software, and networks, whether operated directly by Customer or through the use of third-party services; (d) the security and use of Customer’s access credentials; and (e) all access to and use of the Services directly or indirectly by or through the Customer’s access credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
Customer understands and agrees that Porter Home will access the Customer Data to carry out the App and Services. Failure to provide certain data may impact a Customer’s ability to use the App and Services.
10. Confidentiality. Customer acknowledges that as a beta tester, Customer may have access to, and Porter Home may disclose to Customer, certain valuable information belonging to and relating to Porter Home which Porter Home considers confidential, including, but not limited to, information concerning the App’s structure, the Services, Porter Home’s business model, costs, fees, and rates, as well as, trademark(s) and trade name(s), software, sales and marketing plans, business plans, processes, customer lists, and other trade secrets (“Confidential Information”). Customer shall use the Confidential Information solely for the purposes detailed in these Terms and, for a period of three (3) years, and for trade secrets indefinitely, or until such information is publicly available, from Customer’s receipt of the Confidential Information, shall not disclose, without Porter Home’s written consent, such Confidential Information to third-parties or use such Confidential Information for its own benefit or for the benefit of third-parties.
Customer acknowledges that the App and Services made available by Porter Home contain Confidential Information developed or acquired by Porter Home and that all rights therein and in other Porter Home Confidential Information remain in Porter Home. Customer will not disclose that it is evaluating or testing or has evaluated or tested the App or Services to any third-party without Porter Home’s prior written consent. In addition, Customer agrees to treat any communications and feedback prepared under these Terms as Confidential Information and will not divulge the existence or content of such communications or feed back to any third-party without Porter Home’s prior written consent.
These terms shall impose no obligation of confidentiality upon Customer with respect to any portion of the Confidential Information which: (i) now or hereafter, through no act or failure to act on Customer’s part, becomes generally known or available; (ii) is known to Customer at the time Customer receives such information from Porter Home as evidenced by written records; (iii) is hereafter furnished to Customer by a third-party as a matter of right and without restriction on disclosure; or (iv) is furnished to others by Porter Home without restriction on disclosure.
11. Term and Termination. These Terms shall terminate at the end of the Term, including any extensions or upon the general release to the public of the App and Services. The parties acknowledge that Porter Home is under no obligation to release any final product or App to the public. Porter Home may also terminate the App and Services at any time without notice.
A Customer may terminate his/her use of the App and Services at any time by contacting Porter Home’s Customer Support through the App, however, Customer must abide by any termination restrictions of Customer’s payment plan. Unless otherwise stated in the Customer’s payment plan, payment is obligated for the initial 6 months after registration and no refunds will be given if terminated during the initial 6 months. After the initial obligation period, Customer’s account shall renew according to Customer’s payment plan. Yearly payment plans obligate Customer for the initial 12 months and renews annually. After the initial 6 months or a year for yearly plans, any terminations will take effect the following month after termination (customer is obligated for full month’s payment for month of termination) and any non month-to-month plans will receive a prorated refund for any remaining months already paid. All plan renewals will be automatic, and billed upon renewal, unless Customer cancels prior to renewal date.
If Customer terminates his/her use, Customer must delete the App and return all information related to the App and Services to Porter Home within 24 hours of the date of termination, unless Porter Home communicates otherwise. Customer understands that Customer may not terminate use if there is an outstanding work order with a Service Provider, including those with Porter Home’s liaison, through the App and Services. If such is applicable, then the termination date shall be extended by the number of days necessary to complete the work order.
The provisions of, and the obligations of the parties under, Sections 6, 7, 8, 9, 11, 12, 13, 14, and 15 and any other provisions that would normally survive, shall survive the termination of these Terms.
12. USE OF APP AND SERVICES IS ENTIRELY AT CUSTOMER’S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PORTER HOME APP AND SERVICES AND ALL MAINTENANCE REQUESTS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PORTER HOME, NOR ITS AFFILIATES OR LICENSORS, WARRANT THAT THE APP AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE APP AND SERVICES; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS FROM ANY SERVICES OF PORTER HOME, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE APP AND SERVICES OR THESE TERMS. NEITHER PORTER HOME NOR ITS CONTRACTORS, AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ON THE APP OR OFFLINE, OF ANY USER OF THE APP AND SERVICES. NEITHER PORTER HOME NOR ITS CONTRACTORS, AFFILIATES, OR LICENSORS WARRANT THAT THE PORTER HOME APP AND SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PORTER HOME AND ITS CONTRACTORS, AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY CUSTOMER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
13. NO LIABILITY. CUSTOMER AGREES NOT TO HOLD PORTER HOME, IT’S OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO CUSTOMER’S USE OF OR INABILITY TO USE THE APP AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER OR SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR SERVICE PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY OR THROUGH PORTER HOME OR MEMBERS, AND ANY DESTRUCTION OF CUSTOMER’S INFORMATION OR PROPERTY. UNDER NO CIRCUMSTANCES WILL PORTER HOME OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE APP AND SERVICES OR ANY PROFESSIONAL SERVICES RENDERED, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. UNDER NO CIRCUMSTANCES WILL PORTER HOME OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE APP AND SERVICES ORSERVICES BY SERVICE PROVIDERS, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. PORTER HOME AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE APP AND SERVICES, MAINTENANCE REQUESTS, THE PROFESSIONAL SERVICES BY SERVICE PROVIDERS, ANY MERCHANDISE USED IN THE SERVICES, DAMAGE CAUSED TO PROPERTY, OR THIS AGREEMENT UNLESS SUCH CAUSE OF ACTION IS DUE TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PORTER HOME. ANY ACTIONS AGAINST SERVICE PROVIDERS MUST BE BROUGHT DIRECTLY AGAINST THE INDIVIDUAL SERVICE PROVIDER.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PORTER HOME OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY CUSTOMER THROUGH PORTER HOME DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
14. RELEASE. PORTER HOME AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE FROM THE APP AND SERVICES AND IN BETWEEN USERS OF THE APP AND SERVICES AND USERS AND SERVICE PROVIDERS. TO THE EXTENT THAT THE APP AND SERVICES CONNECTS A USER TO A SERVICE PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING HOME REPAIR SERVICES OR PARTS/MERCHANDISE HEREUNDER, PORTER HOME WILL NOT BE RESPONSIBLE FOR THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SERVICE PROVIDERS, AND CUSTOMER EXPRESSLY WAIVES AND RELEASES PORTER HOME FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, THE SERVICE PROVIDER AND ANY SERVICE PROVIDER’S WORK EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY PORTER HOME’S PROJECT MANAGEMENT SERVICES. IN THE EVENT THAT CUSTOMER HAS A DISPUTE WITH ONE OR MORE USERS OR SERVICE PROVIDERS, CUSTOMER RELEASES PORTER HOME AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) 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 EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY PORTER HOME’S PROJECT MANAGEMENT SERVICES.
15. ADDITIONAL DISCLAIMER. CUSTOMER UNDERSTANDS, THEREFORE, THAT BY USING THE PORTER HOME APP AND SERVICES, CUSTOMER MAY BE EXPOSED TO PROFESSIONAL SERVICES, SERVICE PROVIDERS, AND/OR PARTS/MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT CUSTOMER USES THE APP AND SERVICES AND SUCH PROFESSIONAL SERVICES BY SERVICE PROVIDERS AT CUSTOMER’S OWN RISK, AND ARE RESPONSIBLE FOR TAKING PROPER PRECAUTIONS AND PREPARING CUSTOMER’S HOME FOR ENTRY BY PORTER HOME PERSONNEL AND SERVICE PROVIDERS.
NOTHING IN THESE TERMS OR THE APP AND SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF CUSTOMER REQUIRES ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, OR REAL ESTATE CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE APP AND SERVICES, CUSTOMER AGREES THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF CUSTOMER DOES NOT BELIEVE THEY ARE REASONABLE, CUSTOMER MUST NOT USE APP AND SERVICES.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THESE TERMS AND USE OF THE APP AND SERVICES RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. Indemnification. Customer hereby agrees to indemnify, defend, and hold harmless Porter Home, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) Customer’s use or misuse of or inability to use the App and Services, any Parts/Merchandise, and/or any actions of any Service Providers, (ii) Customer’s violation of these Terms, (iii) Customer’s violation of any applicable law or regulation; (iv) Customer’s violation of the rights of another (including but not limited to Service Providers or other Customers), and (v) Customer’s Information and content that Customer submits or transmits through the App and Services. Porter Home reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to Customer’s indemnification.
17. Waiver. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed.
18. Assignment; Severability. Customer agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of the Beta Test. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect.
19. Governing Law. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. The parties agree that any federal or state courts located in Philadelphia County, Pennsylvania shall have jurisdiction and venue over all controversies in connection herewith.
20. Entire Agreement. These Terms, including any additional terms and conditions listed in the App and Services, or provided by Service Providers, represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all prior or contemporaneous agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof.
These Beta Test Terms were last updated April 2021.