Effective Date: January 1, 2024
Welcome to Premier Home Partner, Inc. (“Company,” “we,” “our,” or “us”). By accessing our website at https://premierhomepartner.com/, using our services, submitting information to us, or communicating with us in any manner, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Premier Home Partner, INC.
1.1. These Terms govern your access to and use of our website, services, content, features, technologies, and all related applications and communication channels.
1.2. By accessing or using our services, you represent and warrant that:
You are at least 18 years of age and have the legal capacity to enter into these Terms;
You will provide accurate, current, and complete information as required for the use of our services;
You will use our services in compliance with all applicable laws and regulations.
1.3. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we believe that user conduct violates applicable laws or is harmful to our interests or the interests of other users.
2.1. By providing your contact information (including but not limited to phone number, email address, or mailing address), you expressly consent to receive communications from us via phone, email, text message, postal mail, or other reasonable means regarding your account, our services, and promotional information.
2.2. For text messaging communications:
Message and data rates may apply as set by your carrier;
Message frequency varies based on your interaction with our services;
You can opt-out of text message communications at any time by replying “STOP” to any message;
You can obtain help by replying “HELP” to any message or by contacting us through the methods listed below.
2.3. You acknowledge that consent to receive communications is not required as a condition of purchasing any goods or services. However, you understand that opting out of certain communications may impact our ability to provide you with our full range of services.
2.4. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1. Appointment scheduling is subject to availability and is confirmed only upon our express acknowledgment.
3.2. You must provide at least 24 hours’ advance notice for appointment cancellations or rescheduling. Failure to provide adequate notice may result in:
For free consultations or estimates: A $75 rescheduling fee for subsequent appointments;
For confirmed project work: Charges in accordance with our cancellation policy, which may include labor and materials costs already committed.
3.3. We reserve the right to reschedule appointments due to unforeseen circumstances, including but not limited to inclement weather, supply chain issues, or other force majeure events. We will make reasonable efforts to provide timely notice of any changes.
3.4. You agree to provide reasonable access to the property where services are to be performed and to ensure that the work area is free from hazards that could interfere with our work or create safety concerns.
4.1. We collect, use, and process your personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy is available at https://premierhomepartner.com/privacy.
4.2. You acknowledge and agree that we may:
Collect personal information necessary for providing our services;
Use cookies and similar technologies to enhance your experience on our website;
Share your information with service providers who assist us in operating our business;
Disclose your information when required by law or to protect our rights or the safety of others.
4.3. We implement reasonable security measures to protect your personal information; however, no method of transmission or storage is 100% secure. You acknowledge this limitation and use our services at your own risk.
5.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Premier Home Partner, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.
5.2. Our total liability for all claims related to these Terms shall not exceed the greater of $500 or the total amount paid by you to us for services during the three months preceding the event giving rise to the liability.
5.3. The limitations of liability in this section apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
5.4. You specifically acknowledge that we are not liable for:
The content of any communications, messages, or information transmitted by users of our services;
Any unauthorized access to or alteration of your data;
Any errors or omissions in content on our website;
Interruption or cessation of transmission to or from our services;
Any damages resulting from delays, loss, or corruption of data;
Any damages or losses arising from third-party products or services referenced or linked through our services.
6.1. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
6.2. We do not warrant that:
Our services will function uninterrupted, secure, or available at any particular time or location;
Any errors or defects will be corrected;
Our services are free of viruses or other harmful components;
The results of using our services will meet your requirements.
6.3. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7.1. You agree to defend, indemnify, and hold harmless Premier Home Partner, Inc. and its officers, directors, employees, contractors, agents, and affiliated entities from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
Your use of and access to our services;
Your violation of any term of these Terms;
Your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right;
Any claim that content submitted by you causes damage to a third party.
7.2. This defense and indemnification obligation will survive these Terms and your use of our services.
8.1. Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California, in the English language by a single arbitrator.
8.2. Class Action Waiver: YOU AND Premier Home Partner, INC. AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
8.3. Small Claims Court: Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within the jurisdiction of that court.
8.4. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will be posted on our website with the effective date.
9.2. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our services.
9.3. We will make reasonable efforts to notify you of significant changes to these Terms, but it is your responsibility to check our website periodically for updates.
10.1. We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
10.2. Upon termination, your right to use our services will immediately cease.
10.3. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.1. Our website, services, and all content, features, and functionality thereof, are owned by Premier Home Partner, Inc., its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our prior written consent.
12.1. Entire Agreement: These Terms constitute the entire agreement between you and Premier Home Partner, Inc. regarding our services and supersede all prior and contemporaneous written or oral agreements.
12.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent possible under law.
12.3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or prevent us from enforcing such rights later.
12.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without such consent will be void. We may freely assign or transfer these Terms without restriction.
12.5. Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failures of technology.
If you have any questions or concerns about these Terms, please contact us at:
Premier Home Partner, Inc.
Phone: (000) 000-0000
Email: Build@premierhomepartner.com
Website: https://www.premierhomepartner.com/
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
