HOMH

Homh Terms of Use - Users

Last Updated: June 12, 2025

Welcome to Homh! Homh LLC provides a marketplace platform (“Homh”) to connect persons or entities wishing to search for, book, purchase and/or receive certain professional services (each a “User”) with professional service providers (“Professionals”) who list, schedule, offer, post, provide, fulfill or facilitate the provision of a variety of professional services, which may also include the sale of goods (“Professional Services”). These Homh Terms of Use (the “Homh Terms”) govern Users’ access to and use of the Homh platform made available through our website(s) that link to these Homh Terms, as well as any mobile applications and related technologies (“Mobile Apps”), if any, that link to these Homh Terms. These Homh Terms also govern our services for facilitating the booking of Professional Services made available to you on or through Homh (the “Homh Services”, and together with the Homh platform, the “Services”).

These Homh Terms are a binding legal agreement between you (“you” or “your”) and Homh, LLC, 251 Little Falls Drive, City of Wilmington, County of New Castle, 19808, and its affiliated entities (collectively, “Homh LLC”, “we”, “us”, and “our”). If you are registering for a User Account (defined below) or using Homh on behalf of an entity, organization, or company (“Corporate Entity”), you agree that you are entering into these Homh Terms on behalf of that Corporate Entity and you represent and warrant to Homh LLC that you have the authority to bind that Corporate Entity to these Homh Terms (and, in which case, the terms “you” and “your” will refer to that Corporate Entity). If you are not registering for an account or using the Services on behalf of a Corporate Entity or if you are registered for an account or using the Services as a user of a Corporate Entity, then the terms “you” and “your” will refer to you in your individual capacity.

Notwithstanding the above, once you select a Professional to perform Professional Services for you, your continued interactions with the Professional, including your receipt of the Professional Services, may be subject to additional terms and conditions, and privacy policies, of such Professional, for which Homh LLC assumes no responsibility. It is your sole responsibility to ensure that you review and understand the Professional’s terms and policies.

IMPORTANT NOTICE: THESE HOMH TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER.

By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Homh Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Homh Terms or any provisions hereof, you shall not access or use the Services. Homh LLC’s direct competitors and direct competitors of its affiliates and subsidiaries (and third-party agents acting on behalf of such direct competitors) are prohibited from accessing or using the Services.

Except for the Section entitled “Mandatory Arbitration and Class Action Waiver” below, which provides for binding arbitration and waiver of class action rights, we reserve the right to revise these Homh Terms, at our sole discretion, at any time. It is your responsibility to check these Homh Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

All references to “you” or “your”, as applicable, mean the User who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns and successors.

ACCOUNT REGISTRATION

In order to use certain parts of the Services, you may be required to register for an account (“User Account”) on behalf of yourself and/or on behalf of any entity, organization or individual for which you are registering. You are responsible for ensuring that all required registration information you submit is truthful and accurate, and that your contact information (including email address and phone number) is current. You are solely responsible for maintaining the confidentiality and security of your User Account login information. You agree not to share your login credentials or access to your User Account with anybody or to create more than one User Account. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your User Account. You agree to notify us immediately of any unauthorized use of your User Account.

ELIGIBILITY

You may only use the Services if you can form a binding contract with Homh LLC (either on behalf of yourself or the entity you represent), and only in compliance with these Homh Terms and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years of age (or the age of majority where you reside if that is older than 18 years of age) to use the Services. You cannot access or use the Services if you (or your User Account) have previously been suspended or removed from Homh.

USER CONTENT

In connection with your use of the Services, we may make available to you the ability to submit, display, post, upload, publish, transmit or otherwise make available on or through Homh certain content, including without limitation, data, designs, photographs, profile information, descriptions, postings, reviews, ratings, text (including as contained in messages and communications within Homh), art, audio, video, graphics, images, information and other materials (collectively, “User Content”). You are solely responsible for any User Content that you make available through Homh, including any necessary third-party rights in the User Content. You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through Homh, or that you have all rights, licenses, consents and releases that are necessary to grant to Homh LLC the rights in such User Content, as contemplated under these Homh Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Homh LLC's use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further acknowledge and agree that Homh LLC is not responsible for, and does not endorse, User Content, and will not be liable for any loss or damage arising from your reliance on any User Content.

We reserve the right to pre-screen any User Content before its appearance on Homh, and may forbid or prevent you from posting, uploading, storing, sharing, sending or displaying such User Content to and through Homh at any time. We may, in our sole discretion and without prior notice, reject, move, edit, or remove any User Content that is submitted to Homh for any reason whatsoever, including without limitation, User Content that violates these Homh Terms.

Without limiting the generality of the foregoing, you agree that any ratings and reviews you submit are your own and do not reflect the views of the Homh LLC Entities, and all of your ratings and reviews must be: (a) based upon your first-hand, actual experience with the Professionals you rate and/or review; (b) substantive, truthful, accurate, and complete; (c) be free from any actual or apparent conflicts of interest (e.g., you shall not work for, have any ownership interest in, or serve on any board of directors of, nor be related to any Professional about whom you submit a rating or review); (d) provided free of any compensation or incentive provided or offered by any third party, including a Professional; (e) free from any commentary on other users or other reviews or ratings within Homh; and (f) free from hyperlinks.

EARLY ACCESS & BETA TESTING

Homh Beta. We may provide you limited early access opportunities to test pre-release versions of the Services (“Homh Beta”) for the purpose of evaluating new Services offerings or features (“Beta Test”). If any Homh Beta offerings are provided to you by Homh LLC for a Beta Test, Homh LLC hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use such Homh Beta pursuant to the Homh Terms and this Section. This Section, along with any specific terms provided in connection with any Homh Beta offering, will hereinafter be referred to as the “Beta Test Terms”. For the avoidance of doubt, any Homh Beta may be used in a limited release for your evaluation and/or testing purposes in a limited public release, and your access and use right will terminate on the end date of any predetermined period or immediately upon notice from Homh LLC in its sole discretion. Notwithstanding any other provision contained herein, the Homh Beta and any associated documentation provided pursuant to these Beta Test Terms are provided to you “AS IS” without indemnification obligations, support, or warranty of any kind, express or implied. Except to the extent such terms conflict with these Beta Test Terms, all other terms of these Homh Terms will apply to the Homh Beta and Beta Test.

Beta Test. For purposes of the Beta Test, the Homh Beta may only be used by you and solely for the purpose of testing and assessing the Homh Beta in accordance with this Section. You agree to test and evaluate the Homh Beta and provide Feedback to Homh LLC in relation to your use and evaluation of the Homh Beta; however, Homh LLC has no obligation to implement any Feedback or correct any reported problems or defects. You further agree to promptly report to Homh LLC any problems or defects encountered in the Homh Beta. Any use, reproduction, public display, sale or redistribution of the Homh Beta not in accordance with the Beta Test Terms is strictly and expressly prohibited.

Confidentiality. All elements of the Homh Beta, how the Homh Beta interacts with Homh’s Services, and any functions of the Homh Beta not available to the public at large are confidential. You agree to maintain the secrecy associated with the Beta Test and non-public aspects of Homh LLC’s Services during the Beta Test, and after the expiration of the Beta Test. In the event of a breach of these Beta Test Terms, Homh LLC reserves the right to any and all actions available to it under the law to protect its rights hereunder.

No Obligation. Homh LLC is under no obligation to develop, maintain or market the Homh Beta or to release production or general availability versions. Future versions of the Homh Beta, if any, may not be compatible with the current evaluation release of the Homh Beta.

Damages. In no event shall Homh LLC have any liability to you under these Beta Test Terms for any damages, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages based on lost profits, data or use, however caused and, whether in contract, tort or under any other theory of liability, whether or not you have been advised of the possibility of such damages unless such disclaimer of liability is not enforceable under applicable law in which case Homh LLC’s liability with respect to these Beta Test Terms shall not exceed $500.00.

ACCEPTABLE USE

Homh is designed to facilitate the arrangement and booking of Professional Services for legitimate personal or business purposes. By using Homh, you agree to arrange and book Professional Services (i) for lawful purposes only, and (ii) only for your own use or for individuals or entities who have authorized you to make such bookings or arrangements on their behalf. You further agree that you will not arrange and book Professional Services in connection with any activities that are illegal, or otherwise fraudulent or malicious, such as bookings that involve fictitious, fraudulent, abusive, or duplicative transactions. Finally, you agree to at all times comply with Homh LLC’s Code of Conduct, which is incorporated by reference (the “Code”).

INTELLECTUAL PROPERTY

License Grant. Subject to the terms and conditions herein, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for the permitted personal uses described herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Homh Terms.

Reservation of Rights. As between you and Homh LLC, the Services, including without limitation any content, data, organization, graphics, design, compilation, magnetic translation, sound, artwork, computer code, digital conversion, logos, names, patents, trademarks, service marks, product and service names, slogans, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Homh LLC or its licensors (as applicable). Nothing in these Homh Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services expressly set forth herein.

License to User Content. When you submit User Content to or through Homh, you grant Homh LLC a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of Homh (and any derivative works thereof). The foregoing license grant includes all rights necessary for Homh LLC to prohibit the subsequent display, copying, duplication, aggregation, reproduction, or any other exploitation of your User Content by any other party.

Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. Homh LLC has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

PROHIBITED USES

In using the Services, you agree that you shall not, and shall not encourage, assist or enable any third party to:

reproduce, duplicate, modify, copy, adapt, distribute, transmit, display, sell, rent, lease, loan, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, services or data found in or on the Services;
alter or tamper with any materials on or associated with the Services;
engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation;
engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of Homh LLC, its Users, or any third party, including privacy rights, copyrights, or other intellectual property rights;
submit, send, post, upload or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters or any other form of solicitation;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
attempt to decipher, remove, decompile, disassemble or reverse engineer any software or other underlying code in the Services, or use any network monitoring or discovery software to determine the Services architecture;
remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services;
access, download, copy, or collect substantial quantities of data from the Services, whether by automated means (such as bots, spiders, or scrapers) or by manual means (including, without limitation, through repeated individual search queries, copying, or other manual efforts), for the purpose of, or with the effect of, aggregating, compiling, or creating a database or dataset derived from the Services, or in any other manner deemed by Homh LLC, in its sole discretion, to be excessive, to exceed normal personal use, or to otherwise constitute prohibited data access or collection, it being understood that this prohibition applies regardless of the method used;
take action that imposes, or may impose, in the discretion of Homh LLC, an unreasonable or disproportionately large load on Homh LLC's infrastructure;
collect or harvest, including by means of spidering or use of spyware, any data (including personally identifiable information) from the Services;
resell or make any commercial use of the Services except as authorized hereunder without our prior written consent;
impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
disrupt, overwhelm, attack, modify or interfere with the proper working of the Services, or impede or interfere with others’ use of the Services;
access any content in or on the Services through any technology or means other than those provided or authorized by the Services;
transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
use any content on the Services in any manner that may infringe any intellectual property right, proprietary right, or property right of us or any third party;
access the Services to build a similar or competitive website, application, product, or service; or
use the Services in any way except as permitted by these Homh Terms.

PRIVACY

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Homh Terms.

NO FEES OR FACILITATION OF PAYMENTS Homh LLC does not facilitate payments by you for Professional Services performed by a Professional, nor does Homh LLC facilitate fee arrangements or any agreement between you and a Professional. All such fee, payment, and contracting arrangements are as agreed directly between you and the applicable Professional and Homh LLC shall have no responsibility or liability therefor. Homh LLC may in the future make available certain fee and/or payment functionality as part of the Services upon notice to you.

COMMUNICATIONS

In using Homh, you may have the ability to communicate with Professionals via email, phone call, SMS text messaging, or other means. To the extent that such communications occur on Homh, Homh LLC reserves the right to (i) track and monitor such communications to ensure compliance with these Homh Terms, appropriate charging of Fees, fraud prevention, and for quality and training purposes, and (ii) refuse to transmit or post any communication that, in Homh LLC’s sole discretion, fails to comply with these Homh Terms.

PROMOTIONS

We may, in our sole discretion, offer certain promotional offers or special discounts, for use in connection with your purchase of Professional Services. Such promotional offers and discounts are subject to terms accompanying the promotional offer or discount (including which users are eligible for the promotional offers and discounts). Availability of such promotional offers or discounts is not guaranteed and, we reserve the right to terminate any promotional offer or discount at any time.

You are only eligible for any benefits described in the promotional offer or special discount if (a) you received a communication directly from Homh LLC offering you that such offer or discount, (b) you satisfy all the requirements identified in that communication; and (c) you maintain a User Account in good standing with Homh LLC. We may condition receipt of a benefit described in a promotional offer or discount in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a promotional offer or discount, you may need to take a specific action (including but not limited to signing up for a Professional Service) or make a payment for specific Professional Services. Except where otherwise noted, promotional offers and discounts are for one-time use only and cannot be stacked (e.g., a User may only use one promotional offer or discount per project).

If your User Account is terminated for any reason, and you open a new User Account, you may not be eligible for a promotional offer or to take advantage of another discounted price offer.]

DMCA NOTICE
We respect the intellectual property of others, and we ask you to do the same. It is not our intent to infringe on the intellectual property rights of others, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located in or on the Services;
Information reasonably sufficient to permit Homh LLC to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

You can submit a DMCA Notice to use directly by emailing us at legalnotice@homh.com, with the subject line “COPYRIGHT INFRINGEMENT”. Please note that we may request additional information before removing any allegedly infringing material.

We may notify you if we receive a DMCA Notice about User Content that you have submitted to Homh. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a responsive notice (“Counter-Notice”). We will review all DMCA Notices and Counter-Notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing material. If we determine that your Counter-Notice is valid, we will remove the complaint and take no further action regarding your User Account.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL (IN A DMCA NOTICE OR COUNTER-NOTICE) IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Homh LLC that your copyrighted material has been infringed. The preceding requirements are intended to comply with Homh LLC’s rights and obligations under the DMCA, including 17 U.S.C. §512, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

NO ENDORSEMENT

Homh LLC does not endorse, warrant or make any representation (except those expressly and unambiguously made by Homh LLC directly on Homh) concerning any Professional or any Professional Services. Professionals are required to provide accurate information, and although Homh LLC may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Professionals, we do not make any representations about, confirm, or endorse any Professional or their purported identity or background, regardless of the specific Professional Services they are making available or providing on Homh or any involvement by Homh LLC personnel in providing or scheduling those Professional Services.

THIRD-PARTY REVIEWS AND RATINGS

You acknowledge and agree that reviews and ratings of Professionals displayed within Homh may be sourced from third parties, including but not limited to Google ("Third-Party Reviews"). Homh LLC does not create, generate, verify, endorse, or take responsibility for any Third-Party Reviews displayed in Homh. Homh LLC makes no representations or warranties regarding the accuracy, completeness, reliability, or quality of any Third-Party Reviews.

Homh LLC reserves the right, in its sole discretion, to: (i) display or not display any Third-Party Reviews; (ii) modify how Third-Party Reviews are displayed within Homh; (iii) change the source or method of obtaining Third-Party Reviews at any time without notice; (iv) establish or modify any criteria or algorithms that determine which Third-Party Reviews are displayed; and (v) discontinue the display of Third-Party Reviews entirely.

You agree to release and hold harmless the Homh LLC Entities from any claims, demands, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to any Third-Party Reviews displayed in Homh. You further acknowledge that any actions you may take against third parties regarding Third-Party Reviews must be directed to those third parties and not to Homh LLC.

If you believe any Third-Party Review violates your rights or is otherwise inappropriate, you must address such concerns directly with the third-party source of such reviews (e.g., Google) according to their policies and procedures. Homh LLC is under no obligation to assist with or participate in such disputes.

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, AND HOMH LLC HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOMH LLC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED. HOMH LLC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL ENABLE YOU TO OBTAIN ANY SPECIFIC RESULT FROM THE PROFESSIONAL SERVICES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

ADDITIONAL DISCLAIMERS

YOU ACKNOWLEDGE AND UNDERSTAND THAT HOMH LLC DOES NOT MONITOR ANY PROFESSIONAL’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND HOMH LLC WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A PROFESSIONAL’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT HOMH LLC DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER. HOMH LLC DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING YOUR USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROFESSIONALS OR OTHER USERS OF HOMH, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT HOMH LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY PROFESSIONALS, OR TO REVIEW OR VET ANY PROFESSIONAL SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH PROFESSIONALS AND/OR OTHER USERS OF HOMH AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND RECEIVE PROFESSIONAL SERVICES. HOMH LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROFESSIONALS.

HOMH LLC DOES NOT PERFORM PROFESSIONAL SERVICES AND DISCLAIMS ALL LIABILITY WITH RESPECT THERETO. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY TIME YOU PAY FOR OR BOOK PROFESSIONAL SERVICES ON HOMH, OR RECEIVE A QUOTE IN CONNECTION WITH PROFESSIONAL SERVICES, THAT YOU ARE CONTRACTING DIRECTLY WITH THE PROFESSIONAL OFFERING SUCH PROFESSIONAL SERVICES. HOMH LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, SUITABILITY, OR LEGALITY (INCLUDING WITHOUT LIMITATION COMPLIANCE WITH APPLICABLE BUILDING CODES AND/OR PERMITTING REQUIREMENTS) OF ANY PROFESSIONAL SERVICES, INCLUDING ANY GOODS SUPPLIED IN CONNECTION THEREWITH. YOU UNDERSTAND AND AGREE THAT HOMH LLC IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PROFESSIONAL.

DISPUTES WITH PROFESSIONALS

During your use of the Services, you may enter into correspondence with or purchase Professional Services from Professionals. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Professional. Homh LLC provides the Services to you pursuant to these Homh Terms. You recognize, however, that certain Professional Services may require your agreement to additional or different terms and conditions prior to your use of or access to such Professional Services, and Homh LLC disclaims any and all responsibility or liability arising from such agreements between you and the Professional. Furthermore, the Homh LLC Entities shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Professional.

ANY DISPUTE YOU HAVE WITH ANY PROFESSIONAL IS DIRECTLY BETWEEN YOU AND SUCH PROFESSIONAL. YOU HEREBY IRREVOCABLY RELEASE THE HOMH LLC ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES WITH PROFESSIONALS OR THE PROFESSIONAL SERVICES PROVIDED TO YOU. THIS RELEASE SPECIFICALLY INCLUDES ANY CLAIMS RELATED TO THE QUALITY, SAFETY, LEGALITY (INCLUDING COMPLIANCE WITH APPLICABLE BUILDING CODES AND/OR PERMITTING REQUIREMENTS), SUITABILITY, OR PERFORMANCE OF THE PROFESSIONAL SERVICES, INCLUDING WITHOUT LIMITATION ANY GOODS SUPPLIED IN CONNECTION THEREWITH. HOMH LLC WILL NOT BE A PARTY TO YOUR DISPUTES WITH PROFESSIONALS OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROFESSIONAL; HOWEVER, HOMH LLC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND ANY PROFESSIONAL.

INDEMNIFICATION

To the fullest extent permitted by law, you agree at your own expense to indemnify, defend, and hold harmless Homh LLC, and its parent company, subsidiaries, licensors, managers, and other affiliated companies, and each of their respective employees, contractors, agents, officers and directors (collectively, the “Homh LLC Entities”), from and against any and all claims, demands, actions, suits, damages, obligations, losses, liabilities, judgments, costs or debt, and expenses (including but not limited to attorneys’ fees) incurred in, arising out of or in any way related to: (i) your breach or alleged breach of these Homh Terms; (ii) your (or via any other User’s use of your User Account) use of or access to the Services; (iii) your User Content, or any submission, posting or transmission thereof on or through Homh; (iv) any dispute between you and any third party, including without limitation any Professional; (v) your booking, purchase and/or use of Professional Services; (vi) your violation of any applicable law, rule or regulation; and (vii) your negligence or willful misconduct. This indemnification obligation shall survive the termination of these Homh Terms and your use of the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate fully with us in asserting any available defenses. You will not settle, compromise, or otherwise resolve any such claim without our prior written consent.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HOMH LLC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON HOMH OR ARISING OUT OF OR WITH RESPECT TO ANY SERVICES PROVIDED BY HOMH LLC OR ANY PROFESSIONAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HOMH LLC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE HOMH LLC ENTITIES, ARISING FROM OR RELATING TO THESE HOMH TERMS, THE SERVICES, PROFESSIONAL SERVICES, OR FROM THE USE OF OR INABILITY TO USE HOMH, OR IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR INTERACTIONS WITH ANY PROFESSIONALS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HOMH LLC BY YOU HEREUNDER IN THE SIX (6) MONTH PERIOD WHICH IMMEDIATELY PRECEDES THE EVENT WHICH GIVES RISE TO THE CLAIM OF LIABILITY, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

EACH PROVISION OF THESE HOMH TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE HOMH TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE HOMH TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE HOMH TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE AN INDIVIDUAL USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

MODIFICATION, SUSPENSION AND TERMINATION

Except as prohibited by applicable local legal requirements, we reserve the right to modify or discontinue the Services (or any portion thereof), including any associated Professional Services offered therein, temporarily or permanently, for any reason whatsoever, with or without notice. YOU AGREE THAT HOMH LLC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES OR ANY FEATURES OR PORTIONS THEREOF.

We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Homh Terms will terminate and all rights granted to you herein with respect to the Services will immediately terminate. Upon termination of your use or access to the Services, we will make the data in your User Account, and your User Content, available to you for a period of thirty (30) days. After such thirty (30)-day period, we may delete your User Account and the data therein, and/or your User Content, and you will not be able to access your User Account or retrieve any information related to your User Account except as required by applicable law.

The termination or expiration of these Homh Terms shall not affect those provisions which, by their nature, are intended to survive termination, including but not limited to, provisions relating to confidentiality, intellectual property rights, warranties and disclaimers, limitations of liability, indemnification, dispute resolution, and any accrued rights or obligations. All such provisions shall remain in full force and effect notwithstanding the termination or expiration of these Homh Terms.

SMS TEXT MESSAGING TERMS

In using the Services, you may sign up to receive certain Homh LLC notifications or information via text messaging. These Homh LLC SMS Terms (the “SMS Terms”) govern the provision, receipt, and delivery of text messages by or on behalf of Homh LLC. Depending on the consent you’ve provided, our text messages (the “Homh LLC Texts”): (1) provide you with information you requested from us; (2) provide updates regarding transactions with or through us; and/or (3) provide you with marketing or promotional content that may interest you.

E-SIGN Disclosure and Agreement. By providing your consent to receive Homh LLC Texts (as described below), you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at contracts@homh.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at contracts@homh.com with contact information and the address for delivery.

Agreement and Consent to Receive Homh LLC Texts. You can provide us with your consent to receive Homh LLC Texts in multiple ways, such as through communications or other transactions with us, or by opting into receiving marketing Homh LLC Texts. By providing your consent, you agree to these SMS Terms, the Homh Terms, and Homh LLC’s Privacy Policy. By providing consent, you authorize us to use automated or nonautomated technology to send Homh LLC Texts to the number associated with your consent. You may opt into receiving Homh LLC Texts with marketing content, and consent to receiving marketing texts is not a condition of purchase.

Disclaimer. In connection with your use of the Services, you acknowledge and agree that you may receive SMS text messages from Professionals. Homh LLC does not create, send, or control the content of these messages. Professionals are solely responsible for ensuring that their SMS communications comply with all applicable laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any relevant carrier or industry guidelines. Homh LLC disclaims all liability arising from or related to SMS messages sent by Professionals, including any claims based on unsolicited messages, message content, frequency, or failure to obtain proper consent. If you have concerns about messages you receive, you should contact the sending Professional(s) directly.

Eligibility. By consenting to receive Homh LLC Texts, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and Homh Terms. You further represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to opt into Homh LLC Texts.

Costs of Homh LLC Texts. Homh LLC does not charge you for Homh LLC Texts. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

Frequency of Text Messages. We may send you an initial message confirming your enrollment in Homh LLC Texts. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use the Services (e.g. whether you reply with HELP, the number of ticket purchases or sales you make on Homh LLC).

Participating Carriers. Homh LLC Texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice, and the particular Homh LLC Texts program you join, including those operated through a different number, may be limited to specific carriers. Homh LLC and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Homh LLC Texts may not be compatible with all cell phone models.

Opting out of Homh LLC Texts. To get help about Homh LLC Texts, reply HELP to any Homh LLC Text. To opt out of Homh LLC Texts from a specific phone number, you must text STOP to that number. Texting STOP to one phone number will opt you out of further Homh LLC Texts from that specific phone number. You must separately opt out of each number from which you’ve provided us with consent to receive Homh LLC Texts. After we receive your “STOP” text, we may send you confirmation of your opt-out to a Homh LLC Text program via text message.

Modifications to these SMS Terms. We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Homh LLC Texts shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Homh LLC, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your User Account, if applicable, to the following email address: legalnotice@homh.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a detailed description of the nature or basis of the claim or dispute; the specific relief sought; why you believe you are entitled to such relief; and proof of your relationship with Homh LLC.

You and Homh LLC agree, following receipt of the written description, to negotiate in good faith about the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the properly submitted written description of the Dispute, you and Homh LLC agree to the further Dispute resolution provisions below.

The aforementioned informal dispute resolution process, including your good faith personal participation, is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as expressly provided herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legalnotice@homh.com. If you are a Homh LLC registered user, any demand initiating arbitration, whether filed by you or Homh LLC, must include the email address you used to register with Homh LLC.

You agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Homh LLC Entities arising out of, relating to, or connected in any way with Homh LLC’s Services or these Homh Terms, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section (“Arbitration Agreement”).

FOR THE AVOIDANCE OF DOUBT, THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT. THIS DELEGATION OF AUTHORITY TO THE ARBITRATOR IS INTENDED TO BE COMPREHENSIVE AND APPLIES EVEN IF A PORTION OF THIS ARBITRATION AGREEMENT IS OTHERWISE FOUND UNENFORCEABLE.

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the subsection entitled “30-Day Right to Opt Out” and the sub-section entitled “Changes” set forth herein. If you accept this Arbitration Agreement, then any previous arbitration agreement you had with Homh LLC is superseded and any Disputes, regardless of when they arose, will be subject to the provisions of this Arbitration Agreement. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a complaining party has satisfied the Informal Dispute Resolution Procedure described in the sub-section entitled “Information Dispute Resolution Procedure” above (including whether the written description contained all required information), a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action

Class Arbitration and Collective Relief Waiver. YOU AND HOMH LLC ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THE SUBSECTION ENTITLED “BATCH ARBITRATION” BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS HOMH LLC PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Los Angeles, California (unless otherwise agreed by the parties).

The arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Homh LLC submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Homh LLC (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Homh LLC (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with the allowance that multiple batches may be filed, processed, and adjudicated simultaneously, with reasonable administrative staging if necessary for efficient management of such proceedings (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Homh LLC and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Homh LLC and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Homh LLC otherwise consents in writing, Homh LLC does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this sub-section entitled “Batch Arbitration”. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the Batch Arbitration provision in this sub-section entitled “Batch Arbitration” is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Homh LLC shall be entitled to arbitrate any claim that is a part of the Mass Filing.

Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Homh LLC and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Homh LLC, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Homh LLC or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Homh LLC nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this sub-section shall not be construed as opt out of the sub-section entitled “Class Action Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Homh Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of these Homh Terms as to the types and the amounts of damages or other relief for which a party may be held liable.

No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute, except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Homh LLC will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in the sub-section entitled “Batch Arbitration” provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Thirty (30)-Day Right to Opt-Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legalnotice@homh.com with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of June 12, 2025 or your first use of Homh, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, Homh LLC also will not be bound by it. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Homh LLC, unless you had opted out of that clause as well. You agree that, if at some point in the future Homh LLC removes this Arbitration Agreement, restoring the right to proceed in court, no opt out from that change is required. Homh LLC will continue to honor any valid opt outs if you opted out of arbitration in a prior version of these Homh Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Homh LLC.

Changes. Homh LLC will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” Section. Any such changes will go into effect 30 days after Homh LLC provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Homh LLC changes this “Mandatory Arbitration and Class Action Waiver” Section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of Homh 30 days after such change will be deemed acceptance of those changes.

Severability. If any part of this this “Mandatory Arbitration and Class Action Waiver” Section is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). Notwithstanding the foregoing, if for any reason the sub-section entitled “Class Action Waiver” set forth below or in the sub-section entitled “Batch Arbitration” cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable.

Class Action Waiver. YOU AND HOMH LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, EXCEPT AS DESCRIBED IN THE "BATCH ARBITRATION" SUBSECTION, NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Except as described in sub-section entitled “Batch Arbitration”, class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.

GOVERNING LAW

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Homh LLC agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Homh Terms and the relationship between you and Homh LLC shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

MISCELLANEOUS

Entire Agreement. These Homh Terms constitute the entire agreement between you and Homh LLC, and supersede any prior and contemporaneous agreements between you and Homh LLC on the subject matter.

Force Majeure. Under no circumstances will Homh LLC be liable for any delay or failure in performance resulting directly or indirectly from any event beyond its reasonable control.

No Waiver. No waiver of any term of these Homh Terms shall be deemed a further or continuing waiver of such term or any other term, and Homh LLC’s failure to assert any right or provision under these Homh Terms shall not constitute a waiver of such right or provision.

Severability. Each of the provisions of these Homh Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, you and Homh LLC agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.

Third-party beneficiaries. Except as otherwise expressly provided in these Homh Terms, there shall be no third-party beneficiaries to these Homh Terms.

No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Homh Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Homh LLC, or to bind Homh LLC in any respect.

Assignment. These Homh Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Homh LLC. In the event you dispose of any device on which you have installed a Mobile App, such as by sale or gift, you are responsible for deleting such Mobile App(s) from your mobile device prior to such disposition. These Homh Terms may be assigned by Homh LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

Headings. Headings and subheadings in these Homh Terms are for convenience only and have no legal or contractual effect.

CONTACT US

If you wish to contact us or have any questions or concerns related to these Homh Terms or your use of the Services, please (1) email us at support@homh.com, or (2) contact us by U.S. Mail at Homh, LLC, Attn: Legal, 251 Little Falls Drive, City of Wilmington, County of New Castle, 19808.