Effective Date: Nov 23, 2022
The Terms include a class action waiver and require binding arbitration on an individual basis to resolve disputes. The Terms also contain a disclaimer of warranties and a disclaimer of liability, as well as a release and indemnification by you. Details are set forth below.
References to Porch (or “we” or “us”) in the Terms include companies that provide business services to Porch, to the extent that they are acting for or on behalf of Porch. For the avoidance of doubt, this does not include Professionals or other Home Service Providers, all of which act on their own behalf.
If you are a Professional, you are subject to the Additional Terms for Porch Professionals and any Additional Terms for specific programs for Professionals in which you participate.
We may modify the Terms (including any Additional Terms, as defined below) at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. You waive any right you may have to receive specific notice of such changes. Please review the Terms each time you use the Services, as your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.
No Responsibility or Endorsement for Professionals. Porch does not deliver, and is not responsible for, any Home Service Provider's products, services or advice. Porch is not an agent of any Home Service Provider, and Home Service Providers are not employees or agents of Porch. Porch does not engage Professionals, except through the Porch Services program in which Porch books, schedules, handles payment for and otherwise facilitates certain services provided to Users by Professionals, or where Porch places a User's order for home products or services (such as internet/cable TV or a home security system) with a Home Service Provider. Neither Porch nor any third party that refers you to the Services sponsors, endorses, recommends or approves any Home Service Providers. While we try to confirm that Home Service Providers meet certain requirements, we cannot and do not represent or warrant that any Home Service Provider is licensed, qualified, bonded, insured or capable of performing any service or providing a satisfactory product. Except as expressly provided in our Porch Guarantee, we do not make any guarantees, warranties or representations of any kind regarding Home Service Providers or any products, services or advice of any Home 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 Home Service Providers. You agree that Porch is not responsible for the accessibility or unavailability of any Home Service Providers, for the products or services they provide (or do not provide) or any claim resulting from your interactions and dealings with them. The applicable Home Service Provider is solely responsible for any provision of home-related products or services, regardless of whether booked through Porch or Porch Services directly or booked by you after connection made between you and the Home Service Provider via the Services, and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or other loss suffered or incurred by you or any third party in connection with the fulfillment of (or failure to perform) the home-related products or services. You waive the right to bring or assert any claim against Porch relating thereto.
No Guarantee for Professionals. We do not guarantee that the Services can match a User's service needs with a Home Service Provider or that there are Home Service Providers in a User's area that are capable of and willing to meet a User's service needs. Porch is not the Home Service Provider, is not in the business of providing the home services or selling the goods that are being provided by a Home Service Provider, and is not responsible in any way for the provision of services or sale of goods offered by such Home Service Provider. Porch is not a general contractor. Except as expressly provided in the Porch Guarantee, you must solely look to the applicable Home Service Provider for the provision of the services or goods relating to your service needs. Porch is merely operating the Services that help connect you with the Home Service Provider that is interested in your project or whose products or services you have requested.
Estimates. 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 or the specific goods or services in which you have expressed interest. When a Home Service Provider provides you with products, services or advice, your rights will be governed by your contract with the Home Service Provider and by applicable law.
RecallCheck. For Users who download the Porch mobile application (the “Porch App”), Porch will provide an initial report to Users regarding potential manufacturer recall issues that have been reported to the U.S. federal Consumer Product Safety Commission and the Canada federal agency Health Canada, from the day of the inspection back to January 1st, 1974. This service is available for appliances or equipment that were identified in an inspection report that has been uploaded to the Porch Home App. After the initial report, Porch will provide additional notifications on an ongoing basis as they become available. Porch is not responsible for inaccurately reported data from the inspector, the manufacturer, or the agencies, and liability shall be limited as set described in Section 18 of these Terms (“Limitation of Liability”).
Site Content. The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, 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. Any use of the Content without our express written consent is strictly prohibited. Porch reserves all rights to the Content not granted expressly in the Terms. Any material downloaded or otherwise obtained through your use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
If you are a User, we hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. If you are a Professional acting in your professional capacity, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for the purpose of providing information, products and services to Users as contemplated by the Services, subject to your compliance with the Terms.
Except as expressly permitted by the Terms, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Services. Unauthorized use of the Content is expressly prohibited by law and may result in severe civil and criminal penalties.
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 have created a profile and account, they may be terminated and deleted without warning if we believe that you are under 18 years of age. 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.
Users must be 18 years of age or older to use or register for Services. By using the Services, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Services does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age.
Account. Account registration is required for Users to receive or use certain Services. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your Account, including, but not limited to, Use of the Services by any person who uses your Account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. Porch will not be liable for losses incurred as a result of an unauthorized use of a password or account.
Inactive Accounts. If an 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.
Inactive Network Pro Accounts. If you have not purchased any Pro Products for more than a year, Porch reserves the right to terminate your Network Pro account, including any credits, incentives, rewards or the like associated with your account. If you have an unused prepaid balance in your account, Porch will use commercially reasonable efforts to contact you before terminating your account. If Porch is unable to reach you and elects to terminate your account, then the unused account balance will become Porch's property the maximum extent permitted by law.
Charges. When Home Service Providers perform work for you or you buy their products through the Services, you will be charged for the products or services they provide ("Home Service Provider Charges"). Porch may charge you for certain products or services that are provided by Porch ("Porch Charges") (Porch Charges and Home Service Provider Charges, collectively, "Charges"). If Porch books, schedules, handles payment for and otherwise facilitates services provided to you by a Professional 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 (including, in the case of Porch Charges and certain Home Service Provider 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. You are responsible for paying applicable sales, use or other taxes on 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 Home Service Provider Charges will be as agreed upon between you and the Home Service Provider. You acknowledge and agree that your purchases of services and products from a Professional or other Home Service Provider (or through the Services, where Porch processes your order for those products or services) are transactions between you and that Home 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.
If you are a User receiving services or goods from a Home Services Provider, your rights will be governed by your contract with the Home Services Provider and by applicable law. Porch will provide a refund for Professional work only under limited circumstances, as described in the Porch Guarantee.
If you are a Professional purchasing a product or service from Porch, in the limited cases where we allow a return, the purchase price will be credited to your Porch account. No refunds will be given.
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.
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.
Information you provide to us. If you submit a request for Home Service Provider services and when you open or confirm your Porch account, you will be asked to disclose certain information about yourself and your service requirements. You agree to provide us with accurate and complete information and to keep it updated, complete and correct. You certify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a name or telephone number that is not your own. If we believe 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.
If you knowingly provide false information, 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 Home Service Provider or other party who relies on that false or incorrect incorrect incorrect information for any claims (including claims under the federal Telephone 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.
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Professional or a User through the Services (including when we connect calls between Users and Professional), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between Professional and Users that originate with a partner service may also be monitored and recorded. By providing your telephone number to us, 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 even if your number(s) is registered on any state or federal Do Not Call list: if you are a User, by Porch, Professional s and other companies that help connect you to Professionals about your project and other home-related services that may be of interest to you; and if you are Professional, by Porch and other companies that help connect you with Users. 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.
You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to Porch or that we obtain through other lawful means.
We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:
You agree and acknowledge that Porch, Professionals 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.
Users Are Responsible for User Submissions. The Services may permit you and other Users and Home Service Providers to submit Information (individually and collectively, "User Submissions"). The person or entity submitting a User Submission, and not Porch, is solely responsible for that User Submission and the consequences of submitting it. By way of example and not limitation, if a Professional provides you with advice or other information, the Professional (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 anyone else's User Submissions. In no event will Porch be liable for any User Submissions, even if they contain errors, omissions, misleading, defamatory or offensive statements, or confidential, proprietary or private information, or for any loss or damage of any kind incurred as a result of their publication or use.
By submitting Information via the Services, you represent and warrant that: A) your User Submission, and the use of your User Submission as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Porch to violate any law or regulation or otherwise cause liability for Porch; and B) your User Submission could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
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, Professional, and other third parties involved in the Services. You further acknowledge and agree that the description of the project for which you request Professional services, all information contained in any reviews of Professionals 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.
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.
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.
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.
In accordance with the Digital Millennium Copyright Act ("DMCA"), Porch will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (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
411 1st Ave S, Ste. 501
Seattle, WA 98104
This email address is for DMCA notification only. If you have other questions about the Terms, please contact firstname.lastname@example.org.
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.
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate your or anyone else's right to use the Services, in whole or in part, and to to terminate, limit or prevent your or anyone else's future access to and use of the Services, at any for any reason (including those specifically described in the Terms).
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, Porch, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, 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, Home 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. Porch makes no representation or warranty about the accuracy or suitability of the Content, the User Submissions or other information displayed on the Properties or provided through the Services. 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.
In no event will the Porch Parties be liable to you or any third party for any cost of cover, lost profits 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, Professionals 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, Professionals 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 Professional). 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 (1) your transactions with Users, Professionals or other third parties, or (2) 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 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, Home 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. Under the laws of the state of California, a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
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. However, 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 below.
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.
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.
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.
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 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 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 411 1st Ave S, Ste. 501, Seattle, WA 98104.