Terms of Use
HomeServe Website Terms and ConditionsLast Updated and Effective as of: January 13, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A TRIAL BY JURY, AS A MUTUAL BINDING ARBITRATION AGREEMENT IS INCORPORATED.
Welcome! HomeServe USA Corp. and its subsidiaries (“HomeServe,” “we,” “our,” or “us”) owns and operates each Website (including, without limitation, https://www.homeserve.com/en-us/ and https://www.homeserve.ca and their respective mobile and online version) (each, a “Website”) that links to or displays these Terms of Use (such Terms of Use, together with any documents, policies, and guidelines incorporated by reference into these Terms of Use, these “Terms of Use”). We provide a variety of service and product offerings to our customers, including, primarily, service contracts relating to the repair of home systems (“Plans”). Plans or other product or service offerings are subject to these Terms of Use, and are subject to expressly designated legal notices, rules or other terms and conditions located on or linked to particular pages of the Website, including, without limitation, on any product or service page or on any checkout page, and any terms and conditions which govern a particular Plan (“Additional Terms”).
Your access and use of the Website is subject to these Terms of Use, our Privacy Policy (a copy of which can be found at https://www.homeserve.com/sc/legal/privacy-policy and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use and consent to the collection and use of your data in accordance with our Privacy Policy. If you do not agree, you must not access or use any portion of the Website.
HomeServe reserves the right to change, amend or restate the Terms of Use at any time, without notice to you. These Terms of Use amend and restate in their entirety any prior version of these Terms of Use. Your continued use of any part of this Website or any service constitutes your acceptance of such changes or amendment to, or restatement of, these Terms of Use. You should review these Terms of Use periodically to determine if any changes have been made. The most current version of the Terms of Use, which supersedes all previous versions, is available at www.homeserve.com/sc/legal/terms-of-use .
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A TRIAL BY JURY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS OF USE REQUIRE (A) YOU TO ARBITRATE DISPUTES WITH US, RATHER THAN RESOLVE DISPUTES THROUGH A JURY TRIAL OR CLASS ACTION, AND (B) THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
ACCESSIBILITY: HOMESERVE IS COMMITTED TO MAKING OUR WEBSITE USABLE BY ALL PEOPLE BY MEETING OR EXCEEDING THE REQUIREMENTS OF THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) 2.0 AA. IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US TOLL FREE AT 855-336-2465, 24 HOURS A DAY, 7 DAYS A WEEK OR VIA OUR CONTACT US info@homeserveusa.com.
1. Authorized Use of Website. This Website is provided for your personal and non-commercial use. Any other use of the Website, including the reproduction, modification, distribution, transmission, republication, display or performance of its contents or hyperlinking to it, requires the prior written consent of HomeServe. We make no representations that the content or the Website are appropriate or may be used or downloaded outside the United States or Canada. If you access the Website from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.
2. Unauthorized Use of Website. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, scrape or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent. You agree not to copy content from the Website, reverse engineer or hack into the Website, or use materials, products, plans, or services in violation of these Terms of Use or any law. Your use of the Website is at the discretion of HomeServe, who may terminate your access and use at any time.
3. Website Uptime. Websites may sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Website is unavailable at any time. The Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control.
4. Registration and Passwords; Privacy. In order to access certain services on the Website, you may be required to provide specific information. All information about you must be accurate and truthful, and you may not use any aliases or other means to mask your identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, including information collected via social media connectivity, please read our Privacy Policy, https://www.homeserve.com/sc/legal/privacy-policy. HomeServe reserves the right, and you authorize us, to use and assign all information provided or collected from you in any manner consistent with our Privacy Policy.
5. Purchases.
a. Products and Services. HomeServe continually upgrades and revises its products and services to provide you with new products and services. HomeServe may revise, discontinue or modify any products or services at any time, subject to the remainder of this Section 5(a), without notice to you. Products or services may become unavailable, and we will provide notice to you, only if you are an active customer with respect to such products or services in accordance with the applicable product or service Additional Terms. Unless we tell you otherwise, the products and services on our Website are available only to residents of the United States or Canada (where noted). The information on the Website is only aimed at these residents and, unless we tell you otherwise, we will not accept orders or applications from anyone else.
b. Website Orders. Additional Terms also apply to each product and service purchased through the Website. You should read the applicable Additional Terms prior to ordering a particular product or service. We may change the price and details of products and services (including any Promotions, as defined herein) without notice to you at any time before we accept your order to purchase them. All orders are subject to availability. Where any product or service turns out to be temporarily unavailable, we may offer a replacement product or service to you. You have the right to accept or refuse this replacement product or service. If you choose to refuse such replacement product or service, you will be able, at your option and as your sole remedy, to either order another product or service from the Website or cancel your order and claim a refund. All orders are subject to acceptance by us.
c. Acceptance of Orders. Once an order is accepted and confirmed by HomeServe, a binding contract is formed. You should review prior to purchase and print out a copy of the Additional Terms applicable to the product or service you purchase and keep a copy of the confirmation of purchase in a safe place as a record of each transaction. Your rights to cancel a purchased product or service will be set out in the Additional Terms for that product or service. If you are enrolled in a Plan from HomeServe, you may cancel subject to the Additional Terms by calling HomeServe at 1-833-521-0208 or visiting https://www.homeserve.com/sc/shop/cancel. Contracts with HomeServe are concluded in English and all communication between you and us will be in English.
d. Prices and Payment. The prices charged by HomeServe will be those in effect on the date of receipt of your order. All payments are to be made in United States Dollars for U.S. residents and in Canadian dollars for Canadian residents. We may change the price and details of products and services (including any Promotions, as defined herein) at any time before you place an order. We accept payment via a number of methods, details of which are set out in the Additional Terms applicable to each product or service. Please check the Additional Terms for details. Where we accept credit or debit card payments, your payment will be collected via our online secure payment system or by phone. All credit card payments are subject to validation checks and authorization by the card issuer. You represent that if you are purchasing a product or service on the Website, any credit card information you supply is true and complete, charges incurred by you will be honored by your credit card HomeServe and you will pay the charges incurred by you at the posted prices, including any applicable taxes or fees.
6. Electronic Signature and Disclosure Consent (“E-SIGN Consent”)
By using our website and proceeding with the checkout process, you agree that we may send you electronic communications, which include any disclosure, notice, agreement, statement, explanation of services, inquiry responses, or any other communication regarding any account, product, or service provided to you, directly or indirectly.
a. Duration of Consent. This E-SIGN Consent is effective immediately and applies to any communications we may send associated with your account and relationship with us. Your E-SIGN Consent expires upon the termination of your account or relationship with us; however the expiration of the E-SIGN Consent does not impact the duration or scope of consent(s) obtained as part of your relationship and account with us.
b. Right to Paper Copies. You are not required to provide E-SIGN Consent; however, failure to do so means you cannot complete the online checkout process. If you provide E-SIGN Consent but would also like a paper copy of our communications, please contact us. You will not be charged a fee for these documents, unless they are requested more than once a month to which you may be charged $1.00 per document.
c. Delivery Methods.We may deliver electronic communications via email, text message, telephone or through a secure online web portal. We recommend that you print a paper copy of any electronic communications for your records. You confirm that you have access to a device and software capable of receiving, accessing, viewing, downloading, saving and printing any communications you receive via electronic delivery for your records.
d. Signature. You understand that your use of a keyboard, mouse, or other device to select an item, button, icon, or similar action, or to otherwise provide your consent constitutes your signature and acceptance and is the legal equivalent of your physical signature.
e. Hardware and Software Requirements. You understand in order to receive electronic communications and provide your electronic signatures on our Website, you must have (i) a device capable of receiving electronic communications, such as a mobile device or personal computer, (ii) internet access, (iii) a supported operating system to view electronic communications, and (iv) access to a printer capable of printing copies if you desire paper records or a hard-drive or cloud-based storage capability if you desire to store electronic communications. Your receipt and acceptance of this E-SIGN Consent demonstrates that you can access the information contained herein and the electronic communications.
f. Security. You acknowledge that the Internet is not a secure network and that electronic communications transmitted over the internet may be accessed by unauthorized or unintended third parties. Although we have implemented reasonable technical safeguards to protect our communication systems from unauthorized access, we cannot guarantee network security and you accept that receiving or sending electronic communications via the Internet is at your own risk.
g. Withdrawal of Consent. You may withdraw your consent to electronic communications and signatures at any time by notifying us in writing at the contact information listed below. Withdrawal may delay service or require execution of physical documents. Withdrawal may result in the inability to use the online checkout feature.
7. Corrections. We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) or cancel your order and refund any amount charged.
8. Proprietary Rights. HomeServe is the owner of the Websites or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized HomeServe to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by HomeServe.
9. No Ideas Accepted. We do not accept any unsolicited ideas from outside of HomeServe including without limitation, suggestions about advertising, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for HomeServe to utilize your submission, you hereby grant HomeServe an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you and waive any associated moral rights in our favor.
10. User Submissions. HomeServe may now or in the future offer users of the Website the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) reviews, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Submissions”). We may allow you to submit User Submissions through forums, email, and other communications functionality. Any User Submissions shall be considered non-proprietary and non-confidential.
Your User Submissions will not include any:
• content for which you have not obtained all necessary consents;
• content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Website is being used; and/or
• content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
11. Links; Third Party Transactions. This Website may contain links to other websites or applications not maintained by HomeServe. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms of use and privacy statements of each and every website or app that you visit. We make no representations about any other websites that may be accessed from this Website. All statements or representations expressed in any such third-party content, other than the content provided by HomeServe, are solely the responsibility of the person or entity providing those materials. If you choose to access any such websites, you do so at your own risk. We have no control over the contents or any such third party websites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you. Any representation or guaranty, including but not limited to any manufacturer’s warranties, that are provided in connection with any products, services, or materials available from a third party is provided solely by such third party and not by us.
12. Other Sources of Terms and Conditions; Promotions and Coupons. In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Website (“Promotion(s)”), you may be required to agree to certain Additional Terms. Certain merchandise, costs or membership programs, and/or other benefits may be modified or not available in connection with a Promotion. Your acceptance or redemption of any Promotion constitutes your unconditional acceptance of the Additional Terms.
13. Conflicts. If there is an actual conflict between these Terms of Use and any Additional Terms, including but not limited to the terms and conditions which govern a particular Plan, the Additional Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.
14. No Representations. HomeServe makes no representations as to the accuracy or completeness of the Website. HomeServe assumes no liability or responsibility for any errors or omissions in the content on the Website. Your use of the Website is at your own risk. The website, including all content made available on or accessed through the Website, is provided “as is” and HomeServe makes no representations or warranties of any kind whatsoever for the content on the Website. HomeServe reserves the right to cease operating the Website or any of its pages or features at any time. Further, to the fullest extent permissible by law, HomeServe disclaims any express or implied representations, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. HomeServe does not represent that the functions contained on the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. HomeServe shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein. In no event will HomeServe be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, or for any direct damages, and/or any other damages resulting from your use of the Website, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.
If any part of these disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.
15. Waiver By California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
16. Changes. All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice unless required by applicable law. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
17. Indemnification. You agree to indemnify, defend and hold harmless HomeServe, its employees, directors, officers, agents, business partners, affiliates, parent entities, subsidiary entities, sister entities, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
18. Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
19. Waiver; Remedies. The failure of HomeServe to partially or fully exercise any rights or the waiver of HomeServe of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by HomeServe or be deemed a waiver by HomeServe of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of HomeServe under these Terms of Use and any other applicable agreement between you and HomeServe shall be cumulative, and the exercise of any such right or remedy shall not limit HomeServe’s right to exercise any other right or remedy.
20. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND HOMESERVE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of HomeServe. The parties agree that any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis and that no party may participate in a class action lawsuit. In addition, if, notwithstanding the Arbitration Agreement, a claim proceeds in a court of general jurisdiction instead of arbitration, the parties agree that they will not bring or participate in a class action lawsuit.
21. Arbitration Agreement: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, YOU AND HOMESERVE AGREE TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION in accordance with this Section 20 (this “Arbitration Agreement”) as follows:
a. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THESE TERMS OF USE OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM HOMESERVE, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. For purposes of this Arbitration Agreement, “You” and “Your” refers to you and all members of your home, and each of those individuals is an intended beneficiary of both this Arbitration Agreement and these Terms of Use and “parties” means You and HomeServe and “party” means each, individually. This Arbitration Agreement applies to claims no matter when they arose, including claims that arose before You accepted these Terms of Use. This Arbitration Agreement also applies to claims involving past, present, or future officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of HomeServe. In addition, this Arbitration Agreement covers any claims against HomeServe that You may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. The Federal Arbitration Act applies. Unless You and We agree otherwise, any arbitration hearings will take place in the county where You reside.
b. A party may commence an arbitration proceeding only if the parties do not reach an agreement to resolve the claim during the Informal Resolution Period.
(i) You may commence the arbitration process by first sending HomeServe, and HomeServe may commence the arbitration process by first sending You, a written notice of claims (“Notice”) and then engaging in good faith negotiations of the claims in an effort to resolve them without the need for arbitration proceedings. A party’s Notice must include their: (1) name; (2) mailing address; (3) email address; (4) telephone number; (5) description of claim(s) (including, where applicable, specific dates); (6) specific relief sought; (7) physical or electronic signature; and if the party hired an attorney, (8) signed statement authorizing the other parties to disclose the party’s account records to the attorney for the other parties if necessary. Your Notice should be sent to HomeServe by certified mail at 7134 Lee Highway, Chattanooga, TN 37421. HomeServe’s Notice should be sent to the address HomeServe has on file for You.
(ii) A party can request a telephone or video call with the other parties for an informal attempt to resolve the claim within 60 days after a party’s Notice is sent (“Informal Settlement Conference”). If timely requested, the parties will work together to select a time and place or method for the Informal Settlement Conference. The parties’ business representatives (if any) must participate in a good faith effort to settle the claims of the party who sent the Notice. The parties’ attorneys may also participate, if applicable.
(iii) A party’s right to file for arbitration with the AAA will be paused until 30 days after the Informal Settlement Conference (“Informal Resolution Period”). If the parties are not able to resolve the claim to the satisfaction of the party who sent the Notice within the Informal Resolution Period, that party may commence arbitration proceedings with the AAA. Any applicable statute of limitations or contractual limitations period(s) related to the claims in Your Notice will be paused during the Informal Resolution Period.
(iv) A party must provide a Notice, participate in the Informal Settlement Conference AND WAIT UNTIL THE INFORMAL RESOLUTION PERIOD HAS ELAPSED BEFORE Commencing an arbitration proceeding. If any aspect of these requirements has not been met, the parties agree that a court can prevent any party from filing and/or prosecuting an arbitration, and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor assess fees in connection with such arbitration.
c. THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By accepting these Terms of Use, all parties are waiving their respective rights to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on Your own behalf and cannot seek, nor may an arbitrator award, relief that would affect other parties. If a court decides that applicable law prevents enforcement of any of this Section 20(c) as to any of Your claims or requested relief, then those specific claims or requests must be removed from arbitration and You may bring them in court.
d. We will reimburse You at the conclusion of the arbitration proceeding for any fees that the AAA charges You for arbitration of the claim, so long as You complied with the entirety of the terms of this Arbitration Agreement and Your claim was not determined to be frivolous or brought for an improper purpose by an arbitrator or judge.
e. If 25 or more claimants submit notices or seek to file arbitrations raising claims similar to Yours and are represented by the same or coordinated counsel (regardless of whether the cases are submitted at the same time), all of the cases must be resolved in arbitration in stages using staged test trial, or “bellwether,” proceedings if they are not resolved during their Informal Resolution Periods. You agree to this process even though it may delay the arbitration of Your claims.
(i) In the first stage, each side shall select 20 cases (40 cases total) to be filed in arbitration and resolved individually by different arbitrators, with each case assigned to an arbitrator from the state in which the claimants resides In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, assess or demand fees for, or administer arbitrations that are commenced in violation of this Section 20(e). The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible.
(ii) If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall select up to another 20 cases (40 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration.
(iii) If any claims remain after the second stage, this process will be repeated until all claims are resolved through settlement or arbitration, with two alterations:
• First, a total of 60 cases may be filed each round (unless a higher number of cases is mutually agreed upon in writing).
• Second, arbitrators who were assigned cases in previous rounds may be appointed to new cases.
(iv) If this Section 20(e) applies to Your Notice, Your claims and requested relief shall be paused from the beginning date of Your Informal Resolution Period until Your Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved.
(v) A court will have authority to enforce this Section 20(e), including to enjoin the filing, assessing or demanding fees for, administration of, or prosecution of arbitrations.
(vi) This Section 20(e) and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If this Section 20(e) or any portion of it is determined to be unenforceable, then the remainder of the Arbitration Agreement shall continue in full force and effect.
f. BY AGREEING TO ARBITRATION, THE PARTIES ARE WAIVING THEIR RIGHT TO PROCEED IN COURT AND TO A JURY TRIAL.
g. Notwithstanding this Arbitration Agreement, any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.
h. California Residents Only: Notwithstanding anything to the contrary set forth in the Arbitration Agreement, if You are a resident of California (i) the last sentence of Section 20(c) is deemed deleted and replaced with the following (and all references to “Arbitration Agreement” in these Terms of Use for residents of California shall be deemed to include the modifications set forth in this Section 20(h)): “If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular request for a remedy or claim for relief, then that request or claim (and only that request or claim) must be severed from the arbitration and may be brought in court.”
i. Canada Residents Only: Notwithstanding anything to the contrary set forth in the Arbitration Agreement, if You are resident of Canada the entire Arbitration Agreement is deemed deleted and replaced with the following (and all references to “Arbitration Agreement” in these Terms of Use for residents of Canada shall be deemed to include the modifications set forth in this Section 20(i)):
THE PARTIES ALL AGREE TO RESOLVE DISAGREEMENTS OR DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:
a. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE OR DISAGREEMENT THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF USE OR ANY OF HOMESERVE’S PLANS, PRODUCTS OR SERVICES, OR FROM PLANS, SERVICES, PRODUCTS OR BENEFITS YOU RECEIVE OR PLANS, SERVICES, PRODUCTS OR BENEFITS YOU CLAIM TO BE OWED FROM HOMESERVE, OR FROM ANY OTHER AGREEMENT BETWEEN THE PARTIES, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE CANADIAN ARBITRATION ASSOCIATION. Arbitration will apply not only to disputes and disagreements with or against HomeServe, but also to disputes and disagreements with or against the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of HomeServe. This subclause (a) shall apply to all disputes and disagreements, including those arising before this paragraph became binding on the parties.
b. Most disputes or disagreements can be resolved by contacting HomeServe. In the unlikely event HomeServe is unable to resolve a dispute or disagreement, the parties agree to resolve such disputes through binding arbitration. The party that intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HomeServe should be addressed to: Service Line Warranties of Canada, Inc., 7134 Lee Highway, Chattanooga, TN 37421. The Notice must (a) describe the nature and basis of the disagreement or dispute; and (b) set forth the specific relief sought. If an agreement cannot be reached to resolve the disagreement or dispute within 30 days after Notice is received, an arbitration proceeding may commence. Any arbitration hearings will take place in the province or territory where Your home is located, unless otherwise agreed.
c. IT IS FURTHER AGREED THAT ANY QUALIFYING SMALL CLAIMS COURT CASE OR ARBITRATION COMMENCED BY ANY PARTY WILL BE COMMENCED IN AN INDIVIDUAL CAPACITY. You may only bring a qualifying Small Claims Court case or commence an arbitration on Your own behalf and cannot seek relief that would affect others.
22. Governing Law. These Terms of Use, and all claims or causes of action (whether in contract, tort or otherwise) that may be based upon, arise out of or relate to these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York without regard to the principles of conflicts of laws in any jurisdiction.
23. Terms Applicable to our App. We may make available a mobile application (“App”), which you are solely responsible for ensuring is properly installed on your personal device. We will have no responsibility or liability whatsoever for any failure of the App which impedes or otherwise interferes with access to the Website or impedes or otherwise adversely affects other software or devices. You are solely responsible for providing and paying for connectivity to use the App. HomeServe will have no responsibility or liability for interruptions of connectivity.
a. Updates; Acceptance. The App may automatically download and install in or on the App certain updates and you hereby consent to such downloading and installation without any separate notice thereof from us. You also agree to receive and install such downloads. We may change the App at any time without providing you notice and without having any liability to you or any other person or entity. If you do not agree with any such changes, your sole and exclusive remedy is to not use the App. Your continued use of the services made available on the App irrevocably confirms your acceptance of, and agreement to, such changes.
b. Terms Applicable For our Apple and Android Devices. The following terms apply when you obtain the App from either the Apple Store or the Google Play Store (each an “App Distributor”):
(i) these Terms of Use are entered between you and HomeServe only, and not with the App Distributor. HomeServe, not the App Distributor, is solely responsible for the App and its content;
(ii) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes 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;
(iii) 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 these Terms of Use 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;
(iv) in the event of any failure of the App to confirm 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;
(v) 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 confirm to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar law;
(vi) 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;
(vii) 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;
(viii) you must comply with the applicable third-party terms of agreement when using the App; and
(ix) you acknowledge and agree that each of the applicable App Distributors is a third-party beneficiary of these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
Our Contact Information. If you have any queries or concerns about these Terms or material that appears on our Website, please contact us at:
HomeServe USA Corp.
ATTN: Privacy Officer
45 Glover Ave, 6th Floor
Norwalk, CT 06850
1-888-752-6740
privacy@homeserveusa.com