Terms of Use

BreatheEasy joined the HomeServe group of families on 8/3/20 and adopted HomeServe’s Terms of Use on 10/1/20.

Last Updated: May, 2014

These Terms of Use (“Terms”) govern Your use of the HomeServe USA Corp. (“HomeServe”, “We”, “Us” or “Our”) website (“Website”). “You” and “Your” means you as the user of the Website. Please read the Terms in full before using Our Website. By using Our Website, You are signifying that You agree to be legally bound by these Terms, and Our Website’s Privacy Policy. If You do not agree to these Terms, you should not use Our Website. We reserve the right to modify these Terms at any time without prior notice, and Your use of the Website binds You to the changes made. We do occasionally update these Terms so please review them from time to time to ensure that you are aware of any changes made by Us.

Additional separate terms and conditions also apply to each product and service purchased through the Website (“Additional Terms”). You should read the applicable Additional Terms prior to applying for a particular product or service. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will take priority in respect to the product or service in question.

Access To Website

You will be able to access Our Website without having to register any details with Us. Access to the Website is permitted on a temporary basis. We reserve the right to withdraw, disable or amend access to the Website without notice. In addition, We reserve the right to disable Your access at any time if, in Our opinion, You have failed to comply with any of the provisions of these Terms.

Use Of Website

Our Website, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of HomeServe or its parent, and are protected by U.S. and international copyright laws.

The contents of Our Website may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without Our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on Our Website are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that HomeServe or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Website for commercial profit or gain. Nothing in these Terms or on the Website shall be construed as conferring any intellectual property or other proprietary rights to You. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Website.

As a condition of Your use of the Website, You will not use the Website, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where Our Website is being used, or prohibited by these Terms and notices, and You agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Website contents or services in any manner that could damage, disable, overburden, or impair any of Our equipment or interfere with any other party’s use and enjoyment of the Website, or any contents or services. You may not attempt to gain access to any portion of the Website, or any of its contents or services, other than those for which You are authorized.

While every effort is made to ensure the timeliness and accuracy of the Website content and services, We make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Website, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Website, or the results to be obtained from using the Website. We make no representation or warranty that the Website or content is free from defects or viruses. Your use of external links and third-party websites is at Your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on the Website does not contain computer viruses and/or harmful materials, You should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect Your computer and you should ensure that You have a complete and current backup of the applicable items on Your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from Your use of the Website. While every effort is made to ensure smooth and continuous operation, We do not warrant the Website will operate error free.

Making a Purchase

Availability of Products and Services

Unless We tell You otherwise, the products and services on Our Website are available only to residents of the United States. The information on the Website is only aimed at these residents and, unless We tell you otherwise, We will not accept orders or applications from anyone else.

We make no representation that any material, product or service on the Website is available or appropriate for use in other countries or comply with their laws. If You access this Website in another country, You are responsible for making sure You comply with local laws relating to the purchase or use of such product or service.

Ordering Products and Services Via the Website

As stated above, Additional Terms also apply to each product and service purchased through the Website. You should read the applicable Additional Terms prior to applying for a particular product or service.

We may change the price and details of products and services (including any offers) at any time before We accept Your order to purchase them.

All products and services are subject to availability. Where any product or service turns out to be temporarily unavailable, We may offer a replacement product to You. You have the right to accept or refuse this replacement product. If You choose to refuse it you will be able, at Your option, to either order another product or service from Our Website or cancel Your order and claim a refund.

All orders are subject to acceptance by Us. HomeServe uses its reasonable endeavors to keep copies of all orders placed for products and services by You, but cannot guarantee that it will keep a copy of every order for an unlimited time due to the number of orders it receives.

Acceptance of Orders by HomeServe

Once an order is accepted and confirmed by HomeServe a binding contract is formed. You should print out a copy of the Additional Terms applicable to the product or service You purchase and keep a copy of the confirmation of purchase in a safe place as a record of each transaction.

Your rights to cancel a purchased product or service will be set out in the Additional Terms for that product or service.

Contracts with HomeServe are concluded in English and all communication between You and Us will be in English.

Prices and Payment

The price of products and services on the Website will be as quoted on the Website from time to time, except in the case of obvious errors. Prices do not include any applicable taxes and fees. If applicable, local sales tax will be applied at the time your payment is processed. We may change the price and details of products and services (including any offers) at any time before We accept Your order to purchase them.

We accept payment via a number of methods, details of which are set out in the Additional Terms applicable to each product or service. Please check the Additional Terms for details. Where We accept credit or debit card payments, Your payment will be collected via Our online secure payment system or by phone.

We may charge Your credit card or debit Your bank account before We provide the product or service to You. All credit card payments are subject to validation checks and authorization by the card issuer.

You promise that if You are purchasing something from Us or Our partners that any credit card information You supply is true and complete, charges incurred by You will be honored by Your credit card company and You will pay the charges incurred by You at the posted prices, including any applicable taxes or fees.

Website Uptime

We take all reasonable steps to ensure that Our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, We will not be liable if Our Website is unavailable at any time.

Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond Our control. Where possible, We will try to give You advance warning of maintenance issues, but shall not be obliged to do so.

USER CONDUCT

Any material You send or post to our Website shall be considered non-proprietary and non-confidential. See also our Privacy Policy, which can be found here.

When using Our Website, You shall not post or send to or from the Website:

(a) content for which You have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where Our Website is being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring Us to disclose the identity or other details or any person posting materials to Our Website in breach of the this section.

You shall not use Our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access Our Website only with due regard for Your own safety and the safety of others.

Third Party Website Links

Any links furnished on Our Website may allow You to leave Our Website. These third party websites are not under Our control and We disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. If We provide these links to You, it is done simply as a convenience to You and inclusion of any link herein shall in no way be construed as an endorsement by Us of the website(s).

If You would like to link to Our Website, You may only do so on the basis that you link to, but do not replicate, any page of Our Website, and subject to the following conditions:

(a) You do not in any way imply that We are endorsing any services or products unless this has been specifically agreed with Us;

(b) You do not misrepresent Your relationship with Us or present any false information about Us;

(c) You do not link from a website that is not owned by You; and

(d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If You choose to link Our Website in breach of this Section, You shall fully indemnify Us for any loss or damage suffered as a result of Your actions.

Disclaimers

All information on Our Website is of a general nature and is furnished for Your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on Our Website. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from Your use of the Website or reliance on the information from either.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS WEBSITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation Of Liability

YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE WEBSITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us, Our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, Your use of and access to the Website or Your violation of these Terms or Your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

Applicable Law

We make no representations that the content or the Website are appropriate or may be used or downloaded outside the United States. Access to the Website and/or the content may not be legal in certain countries outside the United States. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of the jurisdiction from which You access the Website.

Our Website is created and maintained in the State of Connecticut, United States of America. The Website, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Connecticut and applicable United States federal laws. Use of Our Website constitutes Your agreement to the jurisdiction of the state and federal courts located therein.

Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain authorization to export, re-export, or import of any data on Our Website, as may be required.

General

These Terms, together with the Privacy Policy, and any legal notices published by Us on the Website, shall constitute the entire agreement between us concerning use of the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

If You have any queries or concerns about these Terms or material that appears on Our Website please contact Us at:

HomeServe USA Corp.
ATTN: Privacy Officer
601 Merritt 7, 6th Floor,
Norwalk, CT, 06851
1-888-752-6740
privacy@homeserveusa.com