Effective Date September 27, 2019
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: PORCH IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH PORCH MAY ADDRESS BY ALL LAWFUL MEANS.
Part 1, Agreement to Terms and Part 2, General Terms apply to you in all cases, whether you are a User or a Service Provider or other user of the Services or Properties (as those terms are defined below).
Part 3, Additional Terms for Service Providers, contains additional terms applicable to home services professionals and other service providers who use the Services.
References to Porch (or “we” or “us”) in the Terms include Porch’s service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of Porch with respect to the Properties. For the avoidance of doubt, this does not include the providers of home-related services referred to in the Terms as “Service Providers” or “Pros,” which act on their own behalf and not for or on behalf of Porch.
Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Other Program Terms. Certain programs offered by Porch through the Services may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, Porch will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of the Terms.
Services We Provide. Porch connects homeowners and other users of the Services (each, a "User") with providers of home-related services (each, a “Service Provider").
Through Porch, Service Providers can make their products and services available to Users in response to project requests or inquiries. Other Services, when clearly and explicitly designated, may be provided and billed for by Porch.
No Responsibility, Endorsement or Guarantee for Service Providers; Estimates. Porch does not deliver, and is not responsible for, any Service Provider’s products, services or advice. Porch is not an agent of any Service Provider, and Service Providers are not employees or agents of Porch. Porch does not engage the Service Provider, except through the Porch Services program in which Porch books, manages and handles payment for certain services provided to Users by Service Providers. Neither Porch nor any third party that refers you to the Services sponsors, endorses, recommends or approves any Service Provider. While we try to confirm that Service Providers meet certain requirements, we cannot and do not represent or warrant that any Service Provider is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in our Porch Guarantee (located here), we do not make any guarantees, warranties or representations of any kind regarding any Service Provider or any products, services or advice of any Service Provider, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any Service Provider. For additional clarity, any reference to or use by any Service Provider of any Services, Properties, or trademarks or other brands or names of Porch does not in any way change the disclaimers by Porch regarding Service Providers as described in this paragraph. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Service Provider or that there are Service Providers in a User’s area that are capable of and willing to meet a User’s service needs. Any quote or estimate provided in connection with the Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When a Service Provider provides you with products, services or advice, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws.
User Account. Account registration is required for Users to receive or use certain Services. When you open or confirm an account, you will be required provide us with specified personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Charges. When Service Providers perform work for you, you will be charged for the products or services they provide ("Service Provider Charges"). Porch may charge you for certain products or services that are provided by Porch ("Porch Charges") (Porch Charges and Service Provider Charges, collectively, "Charges"). If Porch books, manages and handles payment for services provided to you by a Service Provider through the Porch Services program, the charges to you for those services will be deemed to be Porch Charges. You will be informed of Charges before products or services are provided by Porch or Service Providers, as the case may be (including, in the case of Porch Charges, any cancellation fees and terms). Porch may offer discounts on Porch Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Porch specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment. Payments for Porch Charges are immediately due and payable to Porch upon provision of the applicable Services, and are final and non-refundable except as set forth in the Terms (or, if applicable, the Porch Guarantee). Payment terms for Service Provider Charges will be as agreed upon between you and the Service Provider. You acknowledge and agree that your purchases of services and products directly from a Service Provider are transactions between you and that Service Provider, and not with Porch. When you use a credit card to pay for Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with Porch, and you understand that initiating a chargeback does not extinguish your obligation to pay.
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Service Provider or a User through the Services (including when we connect calls between Users and Service Providers), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between Service Providers and Users that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording.
Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages:
Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services.
We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
Grant of Limited License to Users. We hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
Grant of Limited License to Service Providers. We hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services to Users as contemplated by the Services, subject to your compliance with the Terms.
The Services and Porch’s Marks are Protected. The Services, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Porch (collectively, the "Content"), are the proprietary property of Porch and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Porch does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Service Providers for any purpose.
No Improper Uses. You may not frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Porch, our service providers or suppliers, Service Providers, other Users or any other person.
No Objectionable Conduct. You agree that, in using the Services and interacting with Porch, Service Providers and/or Users (as the case may be), you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
Accurate Information. If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Service Provider services and when you open or confirm your Porch account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.
Collected Data Definition. You agree and acknowledge that Porch, Service Providers and Users may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a Porch product and provide your Information to be used in that product (for example, if your inspection data is provided to Porch to create a Repair Estimate Report), then Collected Information includes the provided Information.
You Are Responsible for User Submissions. The Services may permit you and other Users and Service Providers to submit Information (individually and collectively, "User Submissions"). The person submitting a User Submission, and not Porch, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Service Provider provides you with advice or other information, the Service Provider (and not Porch) is solely responsible for that advice and information. You acknowledge and agree that Porch has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information, or not keeping your contact information updated, not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Porch and our service providers and partners. Accordingly, if you knowingly input false information in a service request, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your Porch account current and correct, you agree to fully indemnify and be liable to Porch and each Service Provider or other party who accepts that service request for any claims (including claims under the Federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Limited Disclosure of User Submissions. Porch will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, Porch and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, Service Providers, and other third parties involved in the Services. You further acknowledge and agree that the description of the project for which you request Service Provider services, all information contained in any reviews of Service Providers that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
Do Not Post Illegal, Harmful, or Prohibited Content. You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Pros. You may only post a review of a Service Provider if you have first-hand knowledge of the services provided by such Service Provider (that is, such Service Provider provided products or services to you). You may not accept anything of value from a Pro in exchange for posting a review. You may not post or submit a review of a Service Provider if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Service Provider, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Service Provider, or (iii) related to such Service Provider, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Suggestions. If you elect to provide or make available to Porch any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Porch will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Accuracy of Information. Porch makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
Third Party Materials and Intellectual Property. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Porch Properties as part of the Services. These Third-Party Materials are not owned or controlled by Porch. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Porch. All non-Porch trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Porch at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed 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 the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Porch Legal Department
2200 1st Ave South
Seattle, WA 98134
Returns; Refunds. In the limited cases where we allow the return of a Porch Product, the purchase price will be credited to your Porch account. No refunds will be given.
If you are a User receiving services from a Service Provider, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws. Porch will provide a refund for Service Provider work only under limited circumstances, as described in the Porch Guarantee.
Payments for Porch Charges that meet our requirements for a refund rather than an account credit (as set forth in the Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Inactive Accounts. If a User account remains inactive for one year or more, Porch reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent any User’s or Service Provider’s future access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
If you are a Service Provider, the terms in this Part 3 also apply to you.
Licenses, Qualification and Insurance. If you solicit, accept or perform services through the Services, you agree that:
Performance of Services.
You agree that, in performing work that you received through the Services:
If you subcontract any of the work, it is your responsibility to ensure that your subcontractors meet all of the requirements of the Terms applicable to Service Providers, including those relating to qualifications, licenses, insurance, data use and security, and compliance with applicable law. Any action or omission by your subcontractor that would be a breach if done by you will be deemed to be a breach of the Terms by you.
User Information. Porch may provide you with personal information relating to Users that are seeking products or services. You agree that:
Encumbrances. You agree that, except to the extent specifically permitted by the terms of a written agreement between you and a User with respect to a project, you will not file or record any lien, claim of lien, stop payment notice, stop notice, security interest, or other encumbrance (“Encumbrance”) on the property of any User or Porch; and if you become aware of an Encumbrance related to your work for a User that is not expressly permitted by your agreement with that User, you will cause the release, dissolution, cancelation or removal of that Encumbrance within 5 business days, irrespective of its validity. We have the right, but not the obligation, to take any and all steps necessary to promptly release any impermissible Encumbrances. You must reimburse Porch or the User (as the case may be) all costs and expenses, including but not limited to legal fees, incurred by us or the User as a result of any impermissible Encumbrances.
Disputes with Users. You agree that you will cooperate with Porch if we attempt to facilitate the resolution of any customer dispute or complaint between you and a User to whom you provide (or have been booked to provide) product, services or advice. However, we will not be liable to you, the User or any other person for the resolution of (or failure to resolve) any such matter. We reserve the right to charge you for any amounts we pay to a User in connection with any such dispute or complaint, including disputes regarding your performance of or failure to perform services, and you agree to reimburse Porch for any such payments and for any costs, expenses or attorneys’ fees that we incur in connection with such dispute.
You agree that Porch has the right to disclose any information we have regarding you to any authorities requesting information from us regarding any product, services or advice you have provided or proposed to provide or any Services we have provided to you.
Informational Requests; Updates. You agree to comply with Porch's informational requests from time to time in connection with the Services, including providing information to be used by Porch (or our service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User. You agree to immediately notify us if: (i) any information you have provided to Porch, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Taxes. You agree to properly register to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services ("Taxes"), and to collect and timely remit such Taxes to the applicable tax authorities. You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users, except for those Taxes or tax-related payments that Porch is required by law to collect or withhold. You agree that you, and not Porch, are solely responsible for all matters related to Taxes. You agree to provide a current and correct W-9 to Porch upon request.
Site Link; Reviews. If you have a Porch profile on the Properties, you agree to link your website to your Porch profile, at a place on your website determined by you, using the following text: "Review my projects and endorsements on Porch.” When you include the contact information of a past customer in your project information that you submit to Porch, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on Porch.
Quality Control. We may access and monitor your Porch account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Pro Account; Profile. You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
You understand and acknowledge that the amount and quality of your information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services.
You agree that Porch may suspend or terminate your Porch account if it remains inactive for 60 days or more, or if you fail to respond to Porch’s active communications for 30 days or more.
Phone Number; Communications. You are aware and agree that the telephone number listed by Porch for your business in connection with the Services may be a call forwarding number used by Porch that is different than your personal or business telephone number. This number is utilized by Porch to improve its products and services for both Users and Service Providers, for quality control and for other purposes (such as those described above). We (and, if the call to you originates on a partner service, the partner) may monitor and/or record calls on this number and other communications with Users that you make through the Services. You consent to this monitoring and recording.
Confidentiality. If you receive confidential information from Porch, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Porch’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, policies and practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Porch is intended or created by the Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Porch, and that Porch has no power or authority to make any commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
No Guarantee. As a Service Provider, you agree and acknowledge that Porch cannot and does not guarantee the results of any Services provided by Porch, including the exposure you will receive as part of the Services, the number or quality of potential customers with whom you will have contact, or whether a homeowner will actually contract with you to do the work if you respond to their project request. You acknowledge that Porch will determine in its sole discretion the manner and terms of Services provided to Service Providers. By way of example and not limitation, Porch may impose limits on the type and/or number of Service Providers that can participate in particular programs, which Pros are notified about particular project requests and the timing of such notification, the type and/or number of Services Providers who can respond to particular project requests, and the amount and availability of discounts for particular programs, services or Service Providers.
Offset of Amounts Due. You agree that if Porch is entitled under the Terms to payment by you or reimbursement from you of any costs, expenses or other amounts, we may deduct any such amounts from any amount that we owe you.
Fraud or Other Willful Misconduct. Notwithstanding anything else herein to the contrary, you understand that, in the event of willful misconduct by you against Porch or any Porch homeowner, customer or other User of any Porch Services, including but not limited to fraud, theft, failure to perform services for which you received any deposit or payment, or willful damage to property, Porch shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee equal to three times the dollar amount or value of such fraud, theft, retention of unearned payments, willful damage or other willful misconduct. This fee shall constitute liquidated damages to compensate Porch for the time and effort of Porch’s employees, agents, representatives and attorneys in addressing, investigating, and rectifying your misconduct, and you hereby agree that such fee is reasonable and appropriate.
Further, Porch reserves the right to pursue legal action against you through the state and federal courts of Washington or other appropriate jurisdiction in the event Porch determines you have committed fraud, theft, willful failure to perform services for which you have received a deposit or payment, or willful damage to property to, against or involving porch or any User. You agree and consent to the personal jurisdiction and venue of the federal and state courts in King County, Washington, for any such court action or proceeding.
If you are a Service Provider handling projects directly with homeowners through the Porch Professional Network (a “Pro”), the terms in this section also apply to you. (Note that while the Pro Products described below are available to all Service Providers, if you participate in our Porch Services program where Porch books, manages and schedules your work, the specific Additional Program Terms for that program will apply.)
Pros can purchase the right to contact homeowners who have requested that a Pro contact them for a particular project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Pro through email, through a telephonic connection, through Porch’s communications platform, or by other means. The right to respond to project requests can be purchased through subscription Services that have a recurring financial obligation every month (or other time period) (“Subscription Products”) or that have a financial obligation for each project request response or other product that a Pro buys (“Pay As You Go Products”). Subscription Products and Pay As You Go Products are collectively referred to as “Pro Products.”
Product Terms. Porch and you may agree to the term, fees and other terms of a Pro Product (including the fees and terms applicable to individual or categories of project requests) ("Product Terms") in writing, telephonically or electronically, including by email or within Porch’s communication platform. If you purchase a Pro Product, Porch will send an email detailing the terms of the Pro Product that you agreed to ("Confirmation Email"). If you disagree with the purchase information and other terms in the Confirmation Email, you have three days after delivery of the Confirmation Email to contact Porch at email@example.com with a request to cancel your purchase of the Pro Product and receive a refund. If you do not notify us of your disagreement and cancel your purchase within those three days, you will be deemed to have accepted the terms set forth in the Confirmation Email, in addition to the Terms. Note that this paragraph does not apply to the rejection or return of individual project requests, which is described in the next paragraph.
Returns. Once you purchase the right to respond to a particular project request (whether you purchase it as a Pay As You Go Product or as part of a Subscription Product), you are generally not able to reject or return it. Please note that you are purchasing the right to contact the homeowner with respect to their project request; you are not purchasing any right or guarantee to perform the work. (It is the homeowner who decides whether to work with a particular Pro or not.) We allow returns only in limited cases where the project request is invalid (for example, if the project request includes a disconnected telephone number or has an obviously fraudulent name, or if the homeowner did not actually request to be contacted) or is a duplicate of another project request you recently purchased from Porch. If your return request meets Porch’s return criteria, then the purchase price for the applicable project request will be credited to your account. No refunds will be given.
Suspension; Termination. Porch reserves the right to suspend or terminate any Pro’s ability to purchase Pro Products or otherwise use the Pro Products and any other Services, including as a result of default in payment obligations. Our general practice is to stop sending project requests 7 days after a Pro’s account becomes delinquent, and to suspend a Pro’s account after 14 days of delinquency.
Term. The "Initial Term" of a Subscription Product begins on the first day the Subscription Product is made available to a Pro and continues for the length of time specified in the Confirmation Email unless earlier terminated in accordance with the Terms. After the Initial Term, if a Subscription Product has not been terminated, it will automatically renew for successive Renewal Terms (as defined below) until terminated by Porch or the Pro in accordance with the Terms. A "Renewal Term" is a length of time specified in the Confirmation Email. For example, if the Confirmation Email specifies a monthly billing period, then the Renewal Terms are one month each, with the Subscription Product automatically renewing for additional one-month billing cycles until terminated in accordance with the Terms. Termination of the Initial Term or the then-current Renewal Term may only be done in accordance with the termination procedure described below.
Payment. If you purchase a Subscription Product as a Pro, you authorize Porch to bill your credit card in the amounts and on the schedule specified in the Confirmation Email, on the applicable billing dates.
You agree to notify Porch of any changes to your credit card information necessary to process your payment. If Porch is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in the Terms.
For some Subscription Products, we will automatically deduct from your Porch account balance the cost of responding to particular project requests. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Porch in its sole discretion. To purchase the right to respond to a particular project request, you must have a sufficient balance in your Porch account. Depending on the type of Subscription Product, the number of opportunities available to respond to a particular project request may be limited.
Late Fees and Billing Issues. You agree to pay a late fee of $20 for each late payment. You also agree to pay reasonable expenses (including collection agency fees and attorneys’ fees) incurred by Porch in collecting any overdue amounts. You agree to notify Porch of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.
Termination. To terminate a Subscription Product, you must notify Porch at least 15 days (or in the case of Subscription Products billed weekly or biweekly, at least 7 days) prior to the last day of the Initial Term or the last day of the then-current Renewal Term (as the case may be) by contacting us at firstname.lastname@example.org with a request to terminate such Subscription Product. The effective date of termination will be the last day of the Initial Term or then current Renewal Term (as applicable) and not before such date.
Porch may terminate a Subscription Product immediately by providing written notice to you (either by email or letter). If Porch terminates your Subscription Product as a result of your material breach of the Terms, you will not be entitled to a refund of any previously paid amount. If Porch’s termination is for convenience, you will receive a pro rata refund of any prepaid but unused fees applicable to the remaining portion of the Initial Term or the then-current Renewal Term (as the case may be) for the terminated Subscription Product.
With Pay as You Go Products, when Porch notifies you about a particular project request, you can choose at that time whether to buy the right to respond to that homeowner. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Porch in its sole discretion. To respond to a particular project request, you must have a sufficient balance in your Porch account; if not, you can add funds by credit card. The number of opportunities available to respond to a particular project request is limited, and these opportunities are allocated to Pros on a first-come, first-served basis. Once you respond to a project request and pay the applicable purchase price, Porch will provide you with contact information for, or other means of contacting, the homeowner.
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Porch Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Porch, Users, Service Providers or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
In no event will the Porch Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, Porch, Users, Service Providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Porch is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the Porch Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, Porch, Users, Service Providers or other third parties exceed the lesser of (a) the amount you have paid to Porch for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to Porch, one hundred dollars (if you are a User) or one thousand dollars (if you are a Service Provider).
Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Porch Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (2) your transactions with Users, Service Providers or other third parties, or (3) any violation by you of any of the Terms or applicable laws. Porch reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Porch in asserting any available defenses.
You agree that you bear all risk and, in consideration of the services provided by Porch, you hereby release Porch, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Porch Parties") from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Porch, Users, Service Providers or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Porch may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
A User’s rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Attorneys’ Fees. If any of the Porch Parties take legal action against you as a result of your violation of these Terms, the Porch Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Porch Parties.
Construction. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Porch's prior written consent, but may be assigned by Porch without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Porch concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Porch with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Porch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Porch Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at email@example.com or in writing at 2200 1st Ave South, Seattle, WA 98134.