These Terms and Conditions constitute an agreement (this “Agreement”) made by and between you (either an individual or entity) (“Homeowner” or “Customer”) and PreFix Inc. (“PreFix”) (collectively, the “Parties”).
Please review this agreement carefully. By signing up for a subscription to receive the services, homeowner agrees to be bound by this agreement, including any updates or revisions posted here or otherwise communicated to homeowner. If homeowner does not agree with the terms and conditions of this agreement, homeowner may not sign up for a subscription to receive the services.
This agreement requires final and binding arbitration to resolve any dispute or claim arising out of or relating in any way to this agreement, or your access to or use of or PreFix’s provision of the services, including the validity, applicability, or interpretation of this agreement. You agree that any such claim will be resolved only on an individual basis and not in a class, consolidated, or representative action, arbitration, or other similar process. Please review Section 23 carefully to understand your rights and obligations with respect to the resolution of any claim.
Homeowner represents and warrants that Homeowner: (a) is of legal age to form a binding contract; (b) has the right, authority, and capacity to agree to and abide by this Agreement; and (c) is not a person barred from using the Services under the laws of any applicable jurisdiction.
In consideration of the mutual covenants herein, the Parties agree as follows:
Definitions
1. The “Service” refers to the PreFix Home Maintenance Service which is used to:
1.a) provide Homeowner with home management services through a hosted hardware/software platform, whereby homeowners are able to outsource maintenance management of major appliances, HVAC, plumbing, and general home maintenance issues; and
1.b) perform regular scheduled maintenance on appliances, HVAC and plumbing to minimize future issues and malfunction.
2. “Homeowner’s Participation Period” will begin on the Subscription Start Date and will conclude fifteen days after provision of written notice by the Homeowner or PreFix to the other Party of such Party’s desire to terminate this Agreement.
3. “Confidential Information” is any and all information related to Homeowner’s participation in the Service and other information in which either of the Parties holds a legal interest that is not publicly available. Confidential Information includes any data obtained from Homeowner through participation in the Service.
4. "USAA" means United Services Automobile Association and its affiliates.
5. "USAA Program" is a 1 year period of PreFix membership where discounted fees are granted to members of USAA.
PreFix Evaluation of Suitability
6. The Parties agree that Homeowner’s subscription to the Service is subject to PreFix determining, after execution of this Agreement, or at any point during Homeowner’s subscription period, that Homeowner’s Premises are suitable for inclusion in the Service. Examples of unsuitable circumstances include but are not limited to any known health or safety concern, infectious illness, or unsafe working condition. This determination will be made at PreFix’s sole discretion.
Roles and Responsibilities
7. As part of the mutual consideration in forming this Agreement, PreFix’s roles and responsibilities in this Agreement include:
7.a) Performing and/or managing maintenance of Homeowner’s major appliances and HVAC, plumbing, systems and fixtures. Additional services may be provided as agreed upon by a written agreement between PreFix and Customer.
7.b) PreFix is not responsible for damage caused by the malfunction of homeowner appliances or systems or Homeowner’s or his, her or its invitee’s negligence or willful misconduct.
7.c) Any damage caused by PreFix’s error or negligence in the performance of Services in a competent and workmanlike manner will be the responsibility for PreFix to determine and complete a reasonable remediation plan.
7.d) At the request of Homeowner, PreFix may recommend providers of services outside of its core services (for example, Landscaping Services) (“Third Party Services”). Homeowner acknowledges that different terms of use may apply to your use of such Third Party Services and that terms and policies are solely between Homeowner and the third party. Homeowner agrees that PreFix does not endorse and is not responsible or liable for any issues related to Third Party Services. Should Homeowner have a dispute with any Third Party Services provider, Homeowner must address such dispute with the Third Party Services provider directly. No agency, partnership, joint venture, or employment is created as a result of this Agreement or any user’s or Third Party Services provider’s use of any part of the Services, including but not limited to any scheduling or other Third Party Services.
8. As part of the mutual consideration forming this Agreement, Homeowner’s roles and responsibilities in this Agreement include:
8.a) Permitting PreFix and its agents to enter and providing access to Homeowner’s Property to perform the Services at a mutually agreed upon time. Homeowner is solely responsible for ensuring that Homeowner's Property is compliant with any site requirements identified by PreFix for the provision of the Services furnished by PreFix under this Agreement, including without limitation, having a person 18 years of age or older on site and that all dogs crated or barricaded away from areas that must be accessed by PreFix personnel to deliver the Services. In the event that any of these requirements are not met, PreFix reserves the right to cancel delivery of Service on-site, and Homeowner may be liable for trip charges, as determined by PreFix in its sole discretion.
8.b) Payment of costs associated with the Service, which include but are not limited to:
8.b.1) A monthly subscription charge including as listed on the payment authorization form signed by the Homeowner and as determined by PreFix and communicated to the Homeowner based on the attributes and inventory at the service address.
8.b.2) Any payments for Service provided by PreFix as agreed upon with the Homeowner.
8.b.3) Any equipment, appliances, parts or supplies provided by PreFix or obtained by PreFix on Homeowner’s behalf.
8.b.4) Any charges from third party contractors used by PreFix.
8.c) Method of payment:
8.c.1) Homeowner hereby authorizes PreFix to automatically charge Homeowner’s credit card or other payment method via the third-party payment processor (e.g., PayPal, Stripe, Square, or others (the “Processor”)) for all applicable fees, including membership and service fees. Such payment method will be auto-debited when due. For clarity, fees related to any Core Services are due at the time the Core Services are completed. Homeowner must provide accurate, current, and complete information when adding a credit card or other payment method and it is Homeowner's obligation to keep such information up-to-date at all times. Homeowner must notify PreFix if Homeowner’s credit card or other payment method expires or is no longer valid and must replace it with a valid credit card or other payment method. Homeowner represents and warrants that Homeowner is authorized to use any credit card or other payment method Homeowner furnishes to PreFix. If Customer has a bona fide dispute in relation to any portion of the fees, Homeowner must pay all undisputed fees and shall provide notice to PreFix in writing within thirty (30) days from the date of the applicable due date. Such notice shall set forth the details surrounding the dispute. The Parties shall discuss the disputed fees within five (5) calendar days of the date of the notice. In the event the dispute is not resolved within such time period, then Homeowner may only dispute the disputed fee directly with PreFix’s Processor. For the avoidance of doubt, any pre-paid fees are non-refundable including if the Agreement is not terminated in accordance with Section 10 below. If Homeowner fails to make any payment when due then, in addition to all other remedies that may be available to PreFix, PreFix may suspend provision of any and all services and may charge interest on the past due amount at the rate of 5.0% per month calculated monthly and compounded monthly or, if lower, the highest rate permitted under applicable law. Homeowner further acknowledges and agrees that PreFix reserves the right to charge Homeowner for payment processing (i.e. “Merchant Fees”) associated with payment made by credit card or ACH.
8.c.2) PreFix reserves the right to apply a “Late Cancellation Fee” (a) for any cancelation of Services that are less than 24 hours from the scheduled Service date and time or (b) should Homeowner fail to provide access to the Homeowner Property at the scheduled date and time of the Service, each of the foregoing at no less than 1 hour at the applied labor rate, or $55 if no labor rate is provided (the “Minimum Labor Rate”), and up to but no greater than 50% of the project estimate if this amount exceeds 1 hour of labor or the Minimum Labor Rate.
9. In order to receive the Services, Homeowner must agree to enable telephone or text communications. Homeowner represents and warrants to PreFix that it has obtained all necessary consents from data subjects and users of the Services under applicable law (including, without limitation, applicable data protection law) to allow PreFix to perform the Services.
10. This Agreement will take effect on the date Homeowner signs up for a subscription to the Service (the “Subscription Start Date”) and will remain in effect until it is terminated. This Agreement will terminate upon the earliest to occur of (a) execution of a definitive agreement for the PreFix home maintenance platform, or (b) termination by either party effective at the month end if at least fifteen days prior written notice of the Homeowner or PreFixis provided to the other Party of such Party’s desire to terminate this Agreement prior to the end of the applicable month(“Monthly Renewal Period”) unless either Party decides to terminates this Agreement as permitted in this Section 10. Homeowner’s termination notice must be provided in writing to PreFix via [email protected], or via PreFix HomeHub.
Treatment of Confidential Information
11. PreFix shall not use any Confidential Information except as necessary to facilitate the ongoing delivery of the service and PreFix operations related to provision of services. PreFix shall not disclose any Confidential Information to any third parties, except where those third parties are collaborators with PreFix on PreFix operations. Third parties are explicitly prevented from monetizing Confidential Information, or extending unsolicited communications to the owners of Confidential Information. PreFix shall take reasonable security precautions, at least as great as the precautions it takes to safeguard its own confidential information, to prevent disclosure of the Confidential Information.
12. The Parties agree that it is necessary to provide Confidential Information to PreFix for the purposes of carrying out the Service.
Privacy Policy
13. In addition to this Agreement, the PreFix Privacy Policy at https://www.prefixinc.com/privacy-policy (“Privacy Policy”) applies to how PreFix may process information (including without limitation Service-Related Information) provided as part of the Services. Homeowner acknowledges and agrees that by accessing or using the Services, PreFix may receive certain information about Homeowner, including personal information, as set forth in the Privacy Policy, and PreFix may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.
Ownership
12. Homeowner conveys to PreFix the following rights to the data that PreFix collects and receives pursuant to this Agreement (“Service-Related Information”): Joint ownership of Homeowner’s legal interest to the data that PreFix collects from Homeowner’s Premises related to its execution of Services in Section 1.
14. PreFix and its assignees may include Service-Related Information in market research and in presentations so long as the Service-Related Information so included in no way identifies any individual Homeowner’s identity or the address of Homeowner’s Premises.
15. Homeowner’s conveyance to PreFix of a joint ownership interest in Homeowner’s legal interest to Service-Related Information collected from Homeowner’s Premises is in consideration for the mutual covenants contained in this Agreement, including these specific covenants by PreFix. PreFix will treat Homeowner’s Service-Related Information as Confidential Information, except to the extent otherwise permitted herein.
16. Homeowner may provide feedback to PreFix concerning the Service, as applicable, during Homeowner’s Participation Period and from time to time as reasonably requested by PreFix, including, without limitation, identification of improvements (“Feedback”). PreFix will have the rights to use all such Feedback related to the Service, including but not limited to the right to improve or enhance its products and services. Homeowner hereby assigns and agrees to assign to PreFix all of its right, title, and interest in and to any such Feedback provided to PreFix. To the extent that the foregoing assignment is ineffective for whatever reason, Homeowner hereby grants and agrees to grant to PreFix a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Assignment
17. This Agreement may not be assigned or otherwise transferred by either party in whole or in part without the express written consent of the other party, which consent shall not unreasonably be withheld, except that PreFix may assign this Agreement as part of a corporate reorganization, consolidation, merger, sale of substantially all of its assets or similar transaction.
Severability
18. If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, that portion shall be severed and a new enforceable provision shall be substituted therefore to accomplish the intent of the severed provision as nearly as practicable. The remaining provisions of this Agreement shall remain in full force and effect.
Notices
19. All notices and requests under this Agreement must be in writing and, except as specifically provided elsewhere in this Agreement, any changes to this Agreement must be in writing and acknowledged by both Parties to be effective. All written notices shall be deemed to be given to the other Party upon a certified or registered mailing if addressed as follows (unless such addresses are changed by written notice):
20. All notices and requests under this Agreement must be in writing and, except as specifically provided elsewhere in this Agreement, any changes to this Agreement must be in writing and signed and acknowledged by both Parties to be effective. All written notices shall be deemed to be given to the other Party upon a certified or registered mailing if addressed as follows (unless such addresses are changed by written notice):
Disclaimer of Warranties; Limitation of Liability
21.a) PreFix warrants the Services against defects in manufacturing, materials and workmanship under normal application, installation, use and service conditions for a period of 30 days from date of the Service (the “Warranty Period”). If, during the Warranty Period, the Services does not comply with this limited warranty, then PreFix will, at its sole option, reperform the Service. If the Service is reperformed under this warranty, the remainder of the Warranty Period will apply to the reperformed Service. Under no circumstances will the Warranty Period be extended as a result of the Service being reperformed. Refunds or repair credits for applicable Services that do not conform with the Warranty Period will only be provided in the event that PreFix is unable to reperform the Services as provided in this Section 21(a). In the event that PreFix issues Homeowner a repair credit, such repair credit can only be applied towards future Services provided by PreFix, and exclude subscription and other miscellaneous fees (such as late fees).
21.b) Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis, with all faults. To the maximum extent permitted by applicable law, PreFix expressly disclaims all warranties of any kind, whether express or implied or arising from statute, course of dealing, usage of trade, or otherwise, including the implied warranties of merchantability, quality, fitness for a particular purpose, title, and non-infringement.
21.c) PreFix makes no warranty, representation, or guarantees that: (i) The services will meet your requirements; (ii) Access to the services will be uninterrupted, timely, secure, virus-free, or error-free; or (iii) The information and any results that may be obtained from access to or use of the services will be accurate, reliable, current, or complete.
21.d) Except as specifically set forth in Section 21(a), PreFix makes no warranty, representation, or guarantee with respect to services offered by third-party service, and PreFix specifically disclaims any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such services and the conduct of any third-party service provider.
21.e) PreFix expressly disclaims any and all warranties, express or implied, relating to any prescreening process, criteria, procedures, or information obtained or presented in any prescreening process or disclosures, including but not limited to any warranties of merchantability or fitness for a particular use.
21.f) All content made available through the services is provided for informational purposes only. Homeowner is solely responsible for confirming the accuracy of all content before taking or omitting any action.
21.g) This disclaimer of warranty may not be valid in some jurisdictions, and you may have warranty rights under the law, which may not be waived or disclaimed. Any such warranty extends only for thirty (30) days from the effective date of this agreement (unless such law provides otherwise).
21(h) PreFix shall not be liable for any lost profits, loss of data or goodwill, or cost of cover, or for any indirect, incidental, special, exemplary, punitive, or consequential damages, including damages arising from any type or manner of commercial, business, or financial loss, even if PreFix had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. In no event shall PreFix’s total aggregate liability be limited to work performed by PreFix or any damages that may directly result from it. Homeowner shall indemnify and hold PreFix and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors (collectively, “PreFix Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of any third-party claim, demand, or action due to: (a) Service-related information you provide to PreFix; (b) Homeowner’s violation of this agreement, any law or regulation, or any rights (including intellectual property rights) of another party; (c) Your use of the services, except as expressly permitted in this agreement; (d) Your interaction with any other users. PreFix will not be liable for services performed by contractors that are outside of its core services as outlined in Section 7.a).
21.i) The foregoing limitations, exclusions, and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk, and such limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
No Waiver; Amendment; Exclusive Agreement
22. No failure or delay by any of the Parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement may not be modified, supplemented or amended orally, but may only be modified, supplemented or amended by a writing signed by the duly authorized representatives of the Parties to this Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior or contemporaneous oral or written agreements or understandings between the parties regarding such subject matter.
Governing Law
23. This Agreement shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act (the "FAA"), other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The Parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.
Binding Arbitration and Class Action Waiver
24. The service is being made available and priced by PreFix on the basis of your acceptance of the following arbitration notice. By entering into this agreement, homeowner is agreeing to binding arbitration rather than litigation in any court. Homeowner hereby knowingly and voluntarily waives the right to assert any claim arising out of or in connection with this agreement in any court, except as expressly provided below in Section 24(c). Homeowner further acknowledges that homeowner is entering into this agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this agreement.
24.a) Arbitration of Claims. Homeowner and PreFix mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to the Services or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitration (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on Homeowner and PreFix, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, Homeowner and PreFix hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
24.b) Other Claims Subject to Arbitration. In addition to Claims brought by either Homeowner or PreFix, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of PreFix will be subject to arbitration as described herein.
24.c) Exceptions. PreFix agrees not to invoke our right to arbitrate any individual Claim Homeowner brings in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court.
24.d) Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. Homeowner acknowledges and agrees that Homeowner is waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless Homeowner and PreFix both otherwise agree in writing, the arbitrator may not consolidate Homeowner’s Claim with that of any other person, and may award relief only in favor of Homeowner’s individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of this Agreement. Related Homeowner accounts are considered as one person, and PreFix, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
24.e) Arbitration Fees. If Homeowner initiates arbitration, PreFix will advance any arbitration fees, including any required deposit. PreFix will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees Homeowner would have incurred if your Claim had been brought in the state or federal court nearest Homeowner’s residence with jurisdiction, or (2) US$ 250, whichever is lesser. If PreFix initiates or elects arbitration, PreFix will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, PreFix will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.
24.f) Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the State in which Homeowner is a legal resident. Homeowner has the right to an in-person arbitration hearing for Homeowner's Claim should Homeowner so choose. Any such hearing will take place within the federal judicial district in which Homeowner lives, or in a reasonably convenient location as agreed by the Parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the Parties; provided, however, that if the Parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section D above without the express written consent of both Parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing Party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. Homeowner may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
24.g) Confidentiality. Homeowner and PreFix agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that Homeowner and PreFix agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
24.h) Severability. Except as provided in Section 24.d), any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.
Exceptions Associated to USAA Program
25. Homeowner agrees that to be eligible for discounted PreFix membership rates under the USAA Program, PreFix shall have the right to share Homeowner data related to services delivered at Homeowners service address with USAA. Homeowner further agrees that USAA shall have the right to share Homeowner Data [obtained from PreFix], including, but not limited to, any personal information, with the USAA family of companies and USAA’s third-party service providers[for purposes of research, analytics, and development or improvement of the Service and processes related thereto]. Homeowner acknowledges that this Section 25. supersedes any conflicting terms under this agreement.
26. “Homeowner Data” means any and all data (in any form or media) relating to Homeowner’s home, the condition, characteristics, and structure of Homeowner’s home, Homeowner’s home fixtures and appliances, and Homeowner’s home address and contact information, as well as other information necessary in connection with the Service and the USAA Program, including but not limited to data related to Homeowner’s experience engaging in the Service during the USAA Program.
27. Data collected during the Program will be made available to USAA and its third-party service providers, if any, who may assist USAA with research, process and feature assessment and improvement, functionality, compliance, and services. The Data may be discoverable in a lawsuit or investigation. Participation in this Program and/or Data collected in this Program will be used to learn, test, and evaluate the Service. The Data collected from the Program will not be used in connection with the underwriting or administration of any USAA products or services you may have.
28. IN NO EVENT SHALL USAA BE LIABLE FOR THE FAILURE OR INCOMPATIBILITY OF THE SERVICE. YOU SHALL PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK. USAA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE. USAA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE BY USAA OR ANY OF ITS AFFILIATES. USAA PROVIDES THE PROGRAM AND THE SERVICE “AS-IS” AND “AS-AVAILABLE” AND IS NOT RESPONSIBLE FOR ANY INCOMPLETE OR INACCURATE DATA. USAA HEREBY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS IN CONNECTION WITH THE PROGRAM AND/ OR THE SERVICE.
29. YOU UNDERSTAND AND AGREE THAT USAA AND ITS AFFILIATES HAVE NO LIABILITY FOR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL RESULTING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO USE OF DATA FROM THE PROGRAM. WITHOUT LIMITATION, USAA AND ITS AFFILIATES HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DAMAGE TO ANY PROPERTY.
30. USAA is not affiliated with PreFix Inc., nor does it guarantee the quality of PreFix Inc. services.
31. Although USAA receives compensation from and may promote and/or recommend the products offered by PreFix Inc., consumers should review the services carefully prior to making a purchasing decision.
32. During the duration of the Program, you agree to participate in any Program surveys, including online surveys and/or in person or telephonic meetings, and provide feedback about the Program and the Service within the required deadline.
33. Homeowner is not eligible for the USAA Program if they are a current or previous customer of PreFix.
34. Eligibility for the USAA Program and associated 12 months of discounted membership fees requires that membership is maintained continuously, without cancellation for the same 12 month period.