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Effective: January 20th, 2022

These Terms of Service (“Terms” or “Agreement”) are a legally binding agreement between you, (“Customer” or “you”) and Home Experience, LLC, a Delaware limited liability company with its principal place of business at 333 N Michigan Ave, Suite 500, Chicago IL 60601 and its Affiliates (collectively referred to as “HomeX”, “we” or “us”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU RECEIVE SERVICES (AS DEFINED BELOW) FROM US. By receiving services after notice of these Terms from us (which may be provided verbally, in writing or on your computer or device screen) you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms you must not engage us for Services.

1. Definitions

For the purposes of this Agreement:

A. “Affiliate” is any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with such individual or entity. As used in this definition, “control” shall mean possession, directly or indirectly, of the power to direct or cause the direction of the management and policies (whether through ownership of securities or other ownership interests, by contract or otherwise);

B. “Home Systems” means any home systems, including but not limited to electrical systems, air conditioning systems, heating systems, plumbing systems, household appliances for which HomeX offers any Services hereunder at the time such Services are solicited by You, and which may change from time to time at the sole discretion of HomeX;

C. “HomeX Platform” means any technology owned or licensed by HomeX and its Affiliates used in the course of providing the Services, and includes but is not limited to the mobile applications, websites, the Marketplace and backend services;

D. “Marketplace” means a program by which HomeX contracts with Marketplace Participants for the purposes of (i) listing a Third-Party Service Provider within the HomeX Platform as a provider of remote or in-home services in one or more trades, (ii) obtaining from such Third-Party Service Providers the trades services, service area coverage, schedule availability, (iii) scheduling and confirming virtual or in-home service jobs in real time at the request of a Customer, or (iv) otherwise presenting the Third-Party Service Provider with opportunities to provide Services to Customer.

E. “Marketplace Participant” means any Third-Party Service Provider that participates in the Marketplace in accordance with the terms therewith.

F. “Personnel” means the officers, directors, employees, agents, contractors, consultants, vendors, and representatives of HomeX and those of its Affiliates. For the avoidance of doubt, all Personnel that are also service providers are considered both Personnel and Third-Party Service Providers under these Terms;

G. “Service” or “Services” shall have the meaning set forth in Section 2; and

H. “Third-Party Service Provider” or “TPSP” is any third party individual or entity other than a HomeX Affiliate that is available to provide services to the Customer in accordance herewith. Notwithstanding the foregoing, when a HomeX Affiliate participates in Marketplace, such HomeX Affiliate shall be deemed a Third-Party Service Provider within the definition of Marketplace Participant.

2. Services

A. The services covered by the Terms (“Service” or “Services”) include the following:

i. the provision of consulting and other services including the assistance, advice and direction to Customer to perform alterations, repairs or other work via an audio and/or video means from a location other than the property to which such Services relate (the “Premises”) (collectively the “Remote Services”);

ii. when available, the facilitation of a connection to services on behalf of Customer to be provided by Marketplace Participants (“Marketplace Services”) for the performance of in-home services recommended by HomeX or requested by Customer,

iii. when available, (a) the recommendation to Customer of Third-Party Service Providers, or (b) the solicitation and/or facilitation of jobs or work, on behalf of Customer, from Third-Party Service Providers, using channels available to the general public either by telephone or online (“Concierge Services”) for the provision of in-home services recommended by HomeX or requested by Customer.

iv. any other services offered by HomeX and commissioned by Customer and accepted by HomeX through the HomeX Platform (“Other Services”).

B. In its fulfillment of the Remote Services, HomeX Personnel may, to the extent deemed possible and safe at the reasonable discretion of HomeX Personnel, (i) provide advice on the cost, installation, configuration, operation, maintenance, repair and removal of any Home Systems, (ii) diagnose issues in connection with the malfunction or otherwise of any Home Systems, (iii) direct Customer to program, handle or otherwise manipulate any Home Systems, and (iv) suggest courses of action to resolve any issues in connection with any Home Systems.

C. In its fulfillment of the Marketplace Services, where available, HomeX may provide the means for Customer to engage with Marketplace Participants for the provision of in-home services recommended by HomeX or requested by Customer (“Scheduled Services”). Customer agrees and acknowledges that Scheduled Services are not provided by HomeX and HomeX has no control over the fulfillment of the Scheduled Services. HomeX’s Marketplace Services merely provide a means for Customer and Marketplace Participants to engage. Marketplace Participants have a contractual relationship with HomeX solely for the purposes of allowing HomeX to book any Scheduled Services and obtaining from HomeX all Customer information set forth in Section 5.A upon request of the Marketplace Services by Customer.

D. In its fulfillment of the Concierge Services, where available, HomeX may either (a) provide to Customer the contact information of one or more Third-Party Service Providers, or (b) contact a Third-Party Service Providers on behalf of Customer using publicly available communication channels for the purpose of scheduling in-home service on behalf of Customer. You agree and acknowledge that HomeX has no contractual relationship with such Third-Party Service Providers. HomeX uses contact information that is publicly available. HomeX (i) does not verify the accuracy of publicly available information of any TPSP, including but not limited to compliance with licensing requirements, competency, service coverage or availability, and (ii) makes no warranty, express or implied with respect to TPSP suggested to you or contacted on your behalf in the performance of the Concierge Services.

3. Application

Upon acceptance by the Customer, these Terms (as the same may be modified in accordance with Section 18) shall apply to all Services provided by HomeX, and to the extent applicable, to services provided by any Third-Party Service Providers to you thereafter, unless otherwise agreed by the parties in writing.

4. Authorization

A. With respect to any Services, you represent and warrant to HomeX that you are either (i) the owner of the Premises; or (ii) fully authorized by the owner of the Premises to cause or direct such Services to be performed upon the Premises.

B. With respect to any Services, you represent and warrant to HomeX that you are not, and the Premises is not, subject to any obligation or restriction that (i) prohibits the performance of the Services at the Premises, or (ii) would otherwise be breached or violated by the performance of the Services.

5. Booking Third-Party Service Providers

A. Upon booking the services of any Marketplace Participant or Third-Party Service Provider using the Marketplace Services or the Concierge Services, you agree that HomeX may share with the relevant Third-Party Service Provider any information reasonably relevant or necessary for the Third-Party Service Provider to understand the nature of the services booked, including but not limited to:

i. Your name

ii. Your home address

iii. Your telephone number

iv. Your email address

v. Your availability

vi. Multi Media provided by You or obtained by HomeX in the course of providing the Services

vii. Any additional information related to the Home Systems that require service, such as make, model, serial number, placement of the Home System and working conditions surrounding the Home Systems.

B. Customer agrees and acknowledges that any Marketplace Participant or Third-Party Service Provider booked by Customer using the Marketplace Services or the Concierge Services is an independent provider not affiliated with HomeX. By utilizing the Marketplace Services or the Concierge Services, you agree to inform yourself of and abide by the terms of service or equivalent terms, and the privacy policy of the booked Third-Party Service Provider.

6. Site Conditions and Hazardous Materials, and Customer Cooperation

A. You agree to comply with all reasonable requests of HomeX and any Third-Party Service Provider and shall provide HomeX’s Personnel and any Third-Party Service Provider with access to all documents and facilities as may be reasonably necessary for the performance of any Services provided under these Terms.

B. You are solely responsible for securing, removing and protecting all property and its contents at all times, including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon provision of the Services. You agree and acknowledge that HomeX Personnel providing any Services have no information whatsoever, prior to the performance of the Services, regarding the state of (a) the Premises, (b) your physical abilities, and (c) any Home Systems within the Premises to which the Services refer.

C. In the solicitation and performance of any Services, you agree to exercise reasonable care in assessing and acting upon your own physical ability to (i) access and move around in any space within or around the Premises, (ii) lift heavy objects, (iii) manipulate equipment, and (iv) otherwise engage in any activity suggested by HomeX personnel at any time. You agree to immediately advise HomeX Personnel if any activity suggested by HomeX Personnel is potentially dangerous, beyond your physical abilities or harmful to you prior to engaging in any such activity.

D. You are responsible for the safe operation of any mobile device or tablet employed by you for the performance of any Services. You understand that the Remote Services may involve the use of video conferencing which may be recorded by HomeX. You will take all precautions to avoid capturing other individuals on video.

E. You are solely responsible for all conditions encountered at the Premises which are (i) subsurface or otherwise concealed physical conditions that differ materially from those ordinarily found to exist, or (ii) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist at sites similar to the Premises.

F. To the extent you agree to and continue to require the services of any TPSP booked through the Marketplace Services or the Concierge Services following the completion of the Services by HomeX, you agree to provide the applicable TPSP access to the Premises (and to relevant resources such as water and electrical power) as reasonably necessary to perform the services provided by the TPSP in a safe and prudent manner.

G. Any Marketplace Provider or TPSP terms of service that conflict with or contradict these Terms shall supersede these Terms and govern any relationship between the Customer and such TPSP resulting from Customer’s use of the Marketplace Services or the Concierge Services.

H. HomeX Personnel may immediately terminate all Services in their sole reasonable discretion if: (i) You deliberately engage in behavior that may result in harm to you or others, (ii) You fail to comply with any instructions from HomeX Personnel intended to prevent injury or harm to you or others, (iii) HomeX Personnel reasonably believes upon providing any Service that such Service has unlawful intent or will result in unlawful behavior or outcomes, or (iv) You engage in indecent or reprehensible behavior against HomeX Personnel or others.

I. You agree that neither HomeX nor any TPSP booked using the Marketplace Services or the Concierge Services has any information whatsoever with respect to any material, chemical, substance, waste, pollutant, contaminant, compound, mixture, or constituent thereof, in any form or amount, capable of posing a risk of injury to health, safety or property, including but not limited to asbestos and asbestos containing materials, petroleum and petroleum products, natural gas, radioactive materials, infectious materials and medical wastes (“Hazardous Materials”) (or has any responsibility to conduct) in any portion of the Premises, and neither HomeX nor any TPSP has conducted any investigation in connection herewith.

J. You expressly release HomeX and all HomeX Personnel from any liability whatsoever for any claims arising out of the presence, release, remediation, handling, removal, storage or disposal of Hazardous Materials and for any costs, losses or damages arising from or in connection with the existence of Hazardous Materials on the Premises.

K. Customer will be solely liable for any discharge, release, injury to any person, or injury to any property resulting from the presence of Hazardous Materials on the Premises.

7. Payment

A. Payment for Remote Services, Marketplace Services, Concierge Services, Other Services, subscriptions and memberships will be separately agreed to by Customer and HomeX during performance of such Services provided that, in the case payment terms are not specified in the documentation or other communication pertaining to HomeX’s engagement to provide Remote Services or Other Services, payment in full shall be immediately due upon Completion of the Services in question.

B. If Customer fails to pay any amount owed to HomeX as and when payment is due and Customer has a valid payment method on file with HomeX, HomeX may charge the payment method on file for all or any part of the unpaid balance.

C. If Customer fails to pay any fee owed to HomeX as and when payment is due and Customer does not have a valid payment method on file with HomeX, HomeX will apply such negative amount to Customer’s account.

D. Any amounts not paid in full by Customer within thirty (30) days of the payment becoming due shall be subject to interest charges, from the date due until paid, at the rate of the lower of (i) one and one-half percent (1.5%) per month and (ii) the highest rate allowable under applicable law.

E. If Customer fails to pay any amount in full within ninety (90) days of the date the amount became due, HomeX may refer collection of the unpaid amount to an attorney or collections agency (with Customer being responsible for HomeX’s costs as provided in Section 17(D).

F. HomeX may refuse to provide Services to Customer, and/or suspend or terminate Customer’s access to the HomeX Platform, if Customer owes a past due and unpaid balance to HomeX.

G. Failure to pay for Services as and when due shall entitle HomeX to terminate work immediately. In the event that HomeX terminates work for non-payment as herein described, HomeX shall be entitled to all of its reasonable expenses including, not limited to cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law.

H. No deduction shall be made from or offset against payments due to HomeX on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other contractors, or on account of the cost of changes or defects in the work.

8. Limitation of Liability

IN NO EVENT SHALL HOMEX BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM, ACTION, SUIT, DEMAND, OR PRECEEDING OF ANY KIND RELATING TO OR ARISING OUT OF THIS AGREEMENT (“CLAIM”) MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT. EXCEPT AS EXPRESSLY PROVIDED UNDER APPLICABLE, NON-WAIVABLE LAW, TOTAL AGGREGATE LIABILITY OF HOMEX TO YOU IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PARTICULAR SERVICES UNDER WHICH THE LIABILITY AROSE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY BEFORE THE CLAIM WHICH GAVE RISE TO THE LIABILITY. IN NO EVENT SHALL HOMEX BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER FOR ANY DAMAGES WHATSOEVER WHETHER DIRECT, INDIRECT OR OTHERWISE CAUSED BY ANY THIRD-PARTY SERVICE PROVIDER.

9. Indemnification

You shall, to the fullest extent permitted by applicable law, indemnify, protect, defend, and hold harmless HomeX, and their Personnel, Affiliates, Third-Party Service Providers, agents, successors, and assigns from and against any and all suits, actions, legal or administrative proceedings, claims, liens, demands, damages, liabilities, losses, costs, fees, penalties, fines, and expenses (including first-party losses, attorneys’ fees and expenses, and costs of investigation, litigation, settlement, and judgment) directly or indirectly arising out of, in connection with, or as a result of (i) the acts performed by Customer; (ii) the omissions of Customer, including the failure by Customer to perform acts recommended by HomeX; (iii) Unforeseen Conditions on the Premises; (iv) use of Other Properties, including but not limited to damage done in the normal course of work, excluding negligence; and (v) Your breach of or failure to fully comply with these Terms.

10. Provider Licensing

HomeX represents and warrants that it has a contractual requirement that any Marketplace Participant is required to have all licenses known by HomeX to be required by local, state and federal regulation to perform services booked using the Marketplace Services. You agree and acknowledge that HomeX is not obligated to review or otherwise scrutinize Marketplace Participant compliance with any contractual arrangements between HomeX and such Marketplace Participant. Except as may be otherwise expressly stated by HomeX from time to time with respect to individual Marketplace Participants in accordance with its then existing Marketplace policies and terms, HomeX makes no warranty or representation about any Marketplace TPSP, including but not limited to whether any TPSP (a) maintains required licenses, (b) carries commercial or professional liability insurance, (c) complies with federal, state or local law. You are solely responsible for verifying and ensuring compliance by any TPSP with all applicable federal, state and laws, including but not limited to commercial and professional licensing, commercial or professional liability insurance, and required certifications.

11. Provider Screening/Background Checks

HomeX requires each of its Marketplace Participants to perform industry standard background checks and screening procedures on their employees as part of their hiring process. HomeX cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided as part of the screening processes. HomeX cannot and does not guarantee that a Marketplace Participant’s screening and background check information are current and up to date. You are solely responsible for verifying whether any TPSP performs background checks and screening procedures on their employees.

12. Ratings/Reviews

You authorize HomeX to publish any ratings or reviews that you submit to HomeX for advertising or any other purposes. You further authorize HomeX to modify such reviews for spelling, grammatical or formatting purposes, so long as such modifications do not materially change the content, tone or intent of the review.

13. Sharing Data

In order to perform the Services and process your payments, HomeX may need to share your personal information with its Personnel, Affiliates, and Third-Party Service Providers, including transcripts or recordings of your communications with HomeX, location data, contact information, and other personally identifying information. HomeX adheres to its Privacy Policy when dealing with your personal information. You acknowledge and consent to the policies outlined in the Privacy Policy.

14. Account Security

A. Any account that you create on the HomeX website, app, or through your use of other HomeX Services (“Account”) is for your individual use only. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms. You may not assign, sell, license, or otherwise transfer your Account to another person or permit any other person to access or use your Account. You agree that you are solely responsible for maintaining the security and confidentiality of your Account, for restricting access to the Account from your devices and systems, and that you are fully responsible for all activities that occur under your Account. You may be held liable for losses incurred by HomeX or any other person due to someone else using your Account.

B. You may not use as a first name and last name, and to the extent applicable, as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

C. You shall notify HomeX immediately if you have reason to believe your Account is no longer secure, upon discovery of any unauthorized access to or use of your Account, or any other breach of HomeX or the Account’s security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with HomeX and provide all information reasonably requested by HomeX to remediate the breach. Any assistance provided by HomeX in relation to a security breach does not in any way operate as acceptance or acknowledgement that HomeX is in any way responsible or liable to you or any other party in connection with such breach.

D. HomeX may modify, suspend, or terminate your Account or your access to your Account in its sole discretion at any time and without prior notice.

E. In the event of any dispute between two or more parties as to account ownership, HomeX shall be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any disputed Account) shall be final and binding on all parties.

15. Right to Suspend or Terminate in Event of Dispute

In the event of a dispute between HomeX and Customer, HomeX and Customer agree that HomeX may immediately suspend or terminate the Services and/or Customer’s access to the HomeX Platform. ln the event of any suspension or termination, HomeX shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead.

16. Service Cancellation

A. You may cancel the Services, without any penalty or obligation by contacting HomeX at least two (2) hours before your scheduled Service.

B. If you cancel the Services within two (2) hours of your scheduled Service, HomeX reserves the right to charge a cancellation fee not exceeding the lesser of (i) one hundred dollars ($100.00) and (ii) the greatest amount allowed under applicable law.

C. HomeX may cancel the Services at any time before commencing work without penalty or obligation. Before canceling, HomeX will use reasonable efforts to find an alternate Third-Party Service Provider or to reschedule the Service appointment. HomeX is not liable for any damage that occurs as a result of a cancellation or delay in providing Services.

17. Dispute Resolution

A. 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 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 Illinois. 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 Illinois. 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.

B. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff, are both expressly waived. The parties hereby agree to arbitrate any Dispute solely on an individual basis.

C. If HomeX incurs any fees or costs associated with the enforcement of this Agreement or any rights under this Agreement (including attorney’s fees, court costs and other costs of collection), and HomeX is the prevailing party, then HomeX shall be entitled to recover its reasonable fees and costs, including for the avoidance of debt any court, arbitration, mediation, or other litigation expenses from Customer.

D. If HomeX incurs any costs, expenses, or fees, including reasonable attorney’s fees and professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, Customer agrees to reimburse HomeX for all such costs, expenses and fees.

18. Modifications to Terms

HomeX may modify these Terms from time to time in its sole discretion. If any changes to these Terms materially modify your rights or obligations, HomeX will notify you and you must accept the modified Terms to continue to use the HomeX Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under the Terms will be resolved in accordance with the version of the Terms that was in effect at the time the Services for which the dispute arose were performed.

19. No assignment by Customer, No third-party beneficiaries

Customer may not assign these Terms, either in whole or part, without the express written consent of HomeX. Any assignment without such consent shall be null and void HomeX may assign these Terms in its sole discretion. Notwithstanding anything herein to the contrary, these Terms shall be binding upon and inure to the benefit of the successors, assigns and legal representatives of the Parties. There are no third-party beneficiaries to these Terms.

20. No Agency; No Employment

No agency, partnership, joint venture, or employer-employee relationship is intended or created by this Agreement.

21. Governing Law

These Terms shall be governed by, construed under, and interpreted in accordance with the internal laws of the State of Illinois, without regard to such State’s conflict of law principles, and all claims relating to or arising out this Agreement, or breach thereof, or arising from alleged extra-contractual facts prior to, during, or subsequent to this Agreement, whether sounding in contract, tort, or otherwise, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the contract, shall likewise be governed by the internal laws of the State of Illinois.

22. Entire Agreement

These Terms represent the entire agreement between you and HomeX and supersede all prior negotiations, representations or agreements, either oral or written.

23. Severability

Each provision of these Terms is intended to be severable. If any term or provision hereof is held by a court of law to be in violation of an applicable local, state or federal ordinance, statute, law administrative or judicial decision, public policy or for any other reason, and if such court should declare such provision of these Terms to be illegal, invalid, unlawful, void, voidable, or unenforceable as written, then such provision shall be given full force and effect to the fullest extent that is enforceable, the remainder of these Terms shall be construed as if such illegal, invalid, unlawful, void, voidable or unenforceable provision was not contained herein, and the rights, obligations and interests of the parties under the remainder of this Agreement shall continue in full force and effect. If any provision is held to be unenforceable, the court making such determination shall have the power to, and shall, modify such provision to the minimum extent necessary to make such provision, as so modified, enforceable, and such provision shall then be applicable in such modified form.

24. Waiver

No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

25. Headings

The headings and captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain.

26. Survival

Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement. Each term shall survive regardless of the cause of the termination, even a material breach by either Party.

27. Force Majeure

Neither Party will be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic or international terrorism; civil riots or rebellions; quarantines, embargoes and other similar unusual governmental actions; pandemics, epidemics, local disease outbreaks, public health emergencies; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the excused Party’s reasonable control, occurs without the excused Party’s fault or negligence, is not caused directly or indirectly by the excused Party and could not have been prevented or avoided by the excused Party’s reasonable diligence.

28. Consent to Receive Text Messages

In keeping with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, HomeX requires your express written consent prior to contacting you by telephone or text message for any non-emergency purpose using any automated telephone dialing system (ATDS) or artificial or prerecorded voice (each, an "Automated Method"). By providing your telephone number to HomeX as applicable to the relevant Service, you authorize HomeX, along with Affiliates and Third-Party Service Providers, to contact you using any Automated Method of HomeX's choosing solely via the method(s) and at the number(s) set forth below. Pursuant to the TCPA, you are free to withhold your consent, either in whole or in part. Withholding consent will not affect your right to buy any of HomeX, its affiliates’, and/or its third-party agent's, goods and/or services. You may revoke your consent, either in whole or in part, at any time. This revocation can be made by replying STOP to any SMS message received.