Last Updated: August 31, 2021
These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 15 (Dispute Resolution) for full details.
2. About CYH and the Services.
2.1 What We Do. The Website and Services are for homeowners and renters (collectively, “Homeowners”) who are interested in obtaining moving, utilities, security, and other services (collectively, “Residential Services”) for their residence (your “Home”) from trusted “Service Providers”.
2.2 How We are Paid. We are paid by our network of service providers for recommending their goods and services. We only promote our service providers, so a services category available on our website may not contain a complete list of all providers in your area.
2.3 What We Don’t Do.
2.3.1 CYH is not a Residential Services Provider. CYH does not provide Residential Services directly to Homeowners; all such Residential Services are provided by CYH’s Service Providers. Your use of the Residential Services will be governed by a separate written agreement between you and the Service Provider, and CYH will not be a party to said agreement. CYH has no authority or control over the Service Provider personnel who may enter your Home or interface with you personally and has not run any criminal or background checks on such personnel. CYH does not make any credit decisions for Residential Services.
2.3.2 CYH does not provide a full list of all Service Providers near your Home. CYH does not represent or imply that any Residential Services category available on the Website contains a complete or comprehensive list or choice of all Service Providers that can provide service to you at your Home’s address. Service Providers who have not agreed to participate in the Service will be excluded. You are in no way obligated to use the Website to limit your consideration of Service Providers to those that appear on the Website.
2.3.3 CYH does not guarantee that the Residential Services features or prices it quotes are current. Service Providers may change their prices, including package deals and limited-time promotions, frequently and without updating CYH. Thus, while CYH attempts to provide accurate and up-to-date pricing information to Homeowners, all prices, fees, charges, packages, programming, features, functionality and offers are subject to change without notice. Internet speeds vary and are not guaranteed.
2.3.4 CYH does not provide real estate, financial or legal advice. The content provided on the Website is for informational purposes only and is not intended as real estate, financial or legal advice. If you are contemplating purchasing or leasing a Home, you must consult with a licensed real estate agent or legal professional.
2.3.5 CYH is not a credit reporting agency, it does not maintain credit information about you or any other individual, and it cannot correct your credit history.
3. Your Use of the Services.
3.1 True Information.
3.1.1 You agree to only submit complete and accurate information to CYH as part of your application for any Residential Services.
3.1.2 You agree that you will only submit information for yourself and will not submit identifying information about any other person (except your spouse or potential co-applicant, in the appropriate fields) as part of your use of the Services.
3.1.3 You acknowledge and agree that CYH may terminate your use of the Services if it learns that any of the information you have submitted is false or misleading.
3.1.4 You acknowledge and agree that any Service Provider who contacts you in response to an application for Residential Services submitted by you through or as a result of the Services may rescind any offer or terminate any pending application if it learns that any of the information you have submitted in connection therewith is false or misleading.
3.2 Credit Application. You understand and agree that certain Service Providers, such as public utilities, require a credit application as a prerequisite to the provision of Residential Services.
5.1 Age. By accessing and/or using the Website or Services, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.
5.2 Corporate Use. If you are using the Website or Services on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
7. Assumption of Risk; Release. You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Connect Your Home, LLC and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
8. Consent to Receive Electronic and Telephonic Communications from Company. By registering for the Services and providing your name, email, postal or residential address, and/or phone number through the Services, you hereby expressly consent to receive electronic and other communications from CYH, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications. These communications will be about the Services, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to [email protected]. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
9. Third Party Platforms. The Website and Services may be linked or refer you to the websites, customer service portals, and other of third parties, including Service Providers (“Third Party Platforms”), some of whom may have established relationships with CYH and some of whom may not. CYH does not have control over the content and performance of Third Party Platforms. CYH has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Platforms. Accordingly, CYH does not represent, warrant, or endorse any Third Party Platforms, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Platforms. CYH disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Platforms.
10. Prohibited Uses. CYH imposes certain restrictions on your use of the Services. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: harassing or stalking any person, or contacting any person who has requested not to be contacted; providing false, misleading, or inaccurate information to CYH or any other person in connection with the Website or Services; impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; modifying or changing the placement and location of any advertisement posted through the Website or Services; harvesting or otherwise collecting information about users, including email addresses and phone numbers; without express written permission from CYH, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website or Services for any use, including without limitation use on Third Party Platforms; accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Website or Services, or any associated system or network, or breaching security or authentication measures without proper authorization; interfering or attempt to interfere with the use of the Services by any other user, host, or network, including (without limitation) by means of submitting a malware or exploiting software vulnerabilities; using the Website or Services to send unsolicited email, including without limitation promotions or advertisements for products or services; forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website or Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); while using the Website or Services, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Website or Services, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; and/or creating additional accounts to promote your (or another’s) business, or causing others to do so.
11. Intellectual Property.
11.2 Compliance with Law. You represent and warrant that, when using the Website and/or Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website and/or Services is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
11.3 Trademarks. Connect Your Home and the Connect Your Home logo (collectively, the “Company Marks”) are trademarks or registered trademarks of CYH. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website or Services may be the trademarks of third parties. Neither your use of the Website or Services nor this Agreement grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Website or Services will inure to the benefit of CYH, and you agree to assign, and hereby do assign, all such goodwill to CYH. You shall not at any time, nor shall you assist others to, challenge CYH’s right, title, or interest in or to, or the validity of, the Company Marks.
11.4 Copyrighted Materials; Copyright Notice. All content and other materials available through the Website or Services, including without limitation the Connect Your Home logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by CYH or are the property of CYH’s licensors and suppliers. Except as explicitly provided, neither your use of the Website or Services nor this Agreement grant you any right, title, or interest in or to any such materials.
12. Content Provided by You.
12.2 Your Responsibility for Your Defamatory or Infringing Content. You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Website that is deemed defamatory, infringing of another’s intellectual property rights, or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, CYH is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Website.
13. Disclaimers; Limitation of Liability.
13.1 No Warranties. CYH, on behalf of itself and its licensors and suppliers, hereby expressly disclaims any and all warranties, express or implied, regarding the Website or Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither CYH nor its licensors or suppliers warrants that you will qualify for or obtain the Residential Services that you seek, that the Website or Services will meet your requirements, or that the operation of the Website or Services will be uninterrupted or error-free. CYH disclaims all implied liability for damages arising out of the furnishing of the Website or Services pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website or Services, whether caused by acts of commission or omission, or any other damage occurring. CYH shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of CYH, Company Parties, or CYH users, or their agents or representatives.
13.2 Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Website and Services is at your sole risk. You will not hold CYH or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website or Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website and Services may contain bugs, errors, problems, or other limitations. Importantly, you hereby acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
13.3 Limitation of Liability. In no event shall CYH or its licensors or suppliers be liable to you for any claims arising from your use with the Website or Services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to CYH or its licensors and suppliers arising out of or in connection with your use of the Website or Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between CYH and you. The Website and Services would not be provided without such limitations.
13.4 Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and CYH or between you and any of CYH’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. CYH’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or Services or otherwise shall alter any of the disclaimers or limitations stated in this section.
Your Representations and Warranties. You represent and warrant that your use of the Website and/or Services will be in accordance with this Agreement and any other CYH policies, and with any applicable laws or regulations.
15. Indemnity by You.
15.1 Duty to Indemnify. Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless CYH and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to CYH, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and CYH, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Services; (iv) your provision to CYH or any of the Indemnitees of Home Imagery, information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
15.2 Participation. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
15.3 Prohibited Uses. Without limitation, the Indemnitor also hereby agrees to compensate CYH for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 10 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.
16. Dispute Resolution.
16.1 Binding Arbitration. If you and CYH cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). You hereby acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The arbitration shall be commenced and conducted under the Comprehensive Arbitration Rules of JAMS, as modified by this Agreement. Except as otherwise provided for herein, CYH will pay the JAMS filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also hereby agree to reimburse CYH for all payments disbursed that are your obligation to reimburse under the JAMS Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The location of the Arbitration will be Denver, Colorado, but it may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
16.2 Restrictions Against Joinder of Claims. You and CYH agree that any arbitration shall be limited to each Claim individually. You and CYH hereby agree that each may only bring claims against the other in your or CYH’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
16.3 Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or CYH from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or CYH from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in or nearest to Denver, Colorado.
16.4 Governing Law; Venue for any Judicial Proceeding. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of Colorado, and shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Denver, Colorado. The parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
17.1 By Company. Without limiting any other provision of this Agreement, CYH reserves the right to, in CYH’s sole discretion and without notice or liability, deny use of the Services to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
17.2 Automatic Termination Upon Breach by You. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by CYH.
17.3 By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to CYH notice of your intention to do so, in the manner required by Section 18 (Notices).
17.4 Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Services. Upon termination, CYH may, but has no obligation to, in CYH’s sole discretion, rescind any services and/or delete from CYH’s systems all your personal information and any other files or information that you made available to CYH or that otherwise relate to your use of the Website or Services. Upon termination, you shall cease any use of the Website and Services. After termination, CYH reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Services Provider. Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1, 7–9, 11–19.
18. Notices. All notices required or permitted to be given under this Agreement must be in writing. CYH shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to CYH. You agree that any notice received from CYH electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with CYH is accurate and current and notice to you shall be deemed effective upon the sending by CYH of an email to that address. You shall give any notice to CYH by means of email to [email protected].
19.1 Entire Agreement. This Agreement constitutes the entire agreement between CYH and you concerning your use of the Website and Services.
19.2 Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
19.3 Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of CYH, or by the unilateral amendment of this Agreement by CYH along with the posting by CYH of that amended version.
19.4 No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
19.5 Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of CYH. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
19.6 Independent Contractors. You and CYH are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
19.7 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; and CYH’s licensors and suppliers, including without limitation its associated Service Providers (to the extent expressly stated in this Agreement).
19.8 Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to CYH and CYH’s licensors and suppliers, and would therefore entitle CYH or CYH’s licensors or suppliers, as the case may be, to injunctive relief.
19.9 Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.