Terms and Conditions
Welcome to HRN Private Client! HRN is a concierge Management team dedicated to home renovation and maintenance. HRN Private client is managed and run by Hayberg restoration network l.l.c. a Georgia incorporated company
These Terms provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action (described in Section 8 below) and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or
We encourage you to review this Agreement carefully. Any use of the Hayberg Restoration Network platform, including browsing www.hrnprivateclient.com, shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the HRN private client Platform.
1. Using the HRN private client platform.
- Who can use
it.You must be at least the age of majority in the state where you live to use the HRN Private Client Platform. Use of the HRN Private Client Platform by anyone under 13 years of age is strictly prohibited!
- Termination. You may close your account at any time in accordance with your signed agreement. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason.
2. Your Content.
- Definition of Your Content. All materials that you provide on the HRN Private Client Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the HRN Private Client Platform, Your Content may be viewed by the various sub contactor’s and will not be treated as private or confidential.
- License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and
sub licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice andlikeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
- Your Responsibilities for Your Content. By posting Your Content on the HRN Private Client Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
- Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any
3. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the HRN Private Client Platform.
- Ownership. You acknowledge and agree that the HRN Private Client Platform and HRN Private Client marks will remain the property of HRN Private Client. The content, information
andservices made available on the HRN Private Client Platform are protected by U.S.and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the HRN Private Client Platform.
You agree to fully indemnify, defend, and hold the Houzz Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement. (b) any allegation that any materials you submit to us or transmit to the HRN Private Client Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the HRN Private Client Platform or other websites to which the HRN Private Client Platform is linked; and/or (d) your negligent or willful misconduct.
5. Dispute Resolution.
If you have a dispute with HRN Private Client, you agree to contact us through www.hrnprivateclient.com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the HRN Private Client Platform or involves our services.
- Binding Arbitration. You and HRN Private Client agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the HRN Private Client Platform (collectively “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and HRN Private Client both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against HRN Private Client in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
- Class Action Waiver. You and HRN Private Client agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and HRN Private Client both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and HRN Private Client agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
- Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and HRN Private Client agree otherwise, the seat of the arbitration shall be in Atlanta, Georgia. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and HRN Private Client submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video
conference,if requested and agreed to by the parties.
- Arbitrator’s Decision and Governing Law. The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of
limitations,and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
- Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the HRN Private Client Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Houzz Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by
If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages.
- Application Provider Terms. If you access the HRN Private Client Platform through
a HRNPrivate Client application, you acknowledge that this agreement is between you and HRN Private Client only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
- Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Atlanta, GA for any actions.
- Export. The Houzz Platform is controlled and operated from our United States offices in Kennesaw, GA. HRN Private Client software is further subject to United States export controls. No software for HRN Private Client may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Changes. We reserve the right at any time to:
i. change the terms and conditions of this Agreement, consistent with applicable law;
ii. change the HRN Private Client Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your HRN Private Client account, or use of and access to the HRN Private Client Platform.
- Languages. English is the authoritative text of this Agreement and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries.
- Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or
sub licensableby you except with HRN Private Client prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. HRN Private Client may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
- Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Headings. Any heading,
caption,or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions
andwritings regarding the HRN Private Client Platform and constitutes the entire agreement between you and us regarding the HRN Private Client Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
- Contact. Feel free to contact us by visiting https://hrnprivateclient.com with any questions about this agreement.
PROPERTY SERVICE AGREEMENT
1. Purpose of Agreement
The purpose of this Agreement is to state the duties and obligations of Hayberg Restoration Network, LLC (referred to from here on as HRN) and the Client as well as to specify the respective care and handling of the property and/or other services Client desires. The referenced property information is fully described in Schedule “A” of this Agreement and said information is necessary for service commitment.
2. Approvals and Authorization
Client hereby agrees and contracts with HRN for the services stated in this Agreement, and for all other rendered services as requested by Client herein or in the future, and Client agrees to provide prompt payment for all such services as set out in Schedule “B” attached hereto. Client hereby expressly represents and warrants that it is the legal and beneficial owner of the property that is the subject of this Agreement, or that it has full and complete authorization to enter into this Agreement on behalf of the property owner of said property. Client has further full authority to permit home and property access including all gated community access points. Client shall be responsible to inform all home and community security entities of this Agreement to have HRN personnel enter the community and access the property. False, inaccurate or incomplete information shall be the responsibility of the Client and shall void all responsibility of HRN.
The Client hereby agrees to indemnify and hold harmless HRN, as well as its members, managers, shareholders, directors, agents, representatives and employees, from any and all liability that may result from all damage or loss in connection with the provision of the services described within this Agreement, and from all liability for injuries to persons or property suffered or sustained by any person whomsoever, and Client agrees to carry adequate property and liability insurance to protect the interest of parties hereto.
4. Damages or Missing Items
Client hereby expressly agrees that HRN. will not be held responsible for any damage to the property or items missing, switched out, lost, damaged or stolen under any circumstances including, without in any way limiting the generality of the foregoing, this may include but is not limited to damage or loss due to theft, vandalism, negligence of invited or uninvited individuals, or acts of nature.
5. No Guarantees
Client expressly acknowledges and agrees that the services that are the subject of this Agreement are for observation, reporting, and coordination of any desired repairs/services only. HRN cannot and does not guarantee the safety or condition of the property, nor does it guarantee or warrant against break‐in, vandalism or other acts of nature. The purpose of this Agreement is solely for scheduled observation and inspection, which increases the chances of early problem detection before substantial damage is incurred. Should a false alarm occur, HRN shall not be responsible for any costs incurred as a result of the false alarm while following Client’s instructions for alarm operation. Further, HRN shall warrant any service work completed on the premises for a period of one year with such warranty being limited to replacement/repair of any defective item/work. All other warranties are hereby disclaimed including, but not limited to warranties of fitness for a particular purpose and/or warranties of merchantability. Any manufacturer warranties for products or additional warranties for service are solely between the provider and client.
This Agreement shall be for an initial term of one year (12 months) and shall not be terminated during such time period by client. After the initial one year time period, either party may terminate this Agreement with 90 (ninety) days advance written notice. Client agrees all fees due and payable to HRN shall be charged to the credit card on file within 10 (ten) days of receipt or provision of termination notice. Upon expiration of said ninety (90) day notice period, HRN shall return all keys, codes, and any other means of property access to Client.
7. Authorization and Approvals
Client hereby expressly acknowledges, represents and warrants that:
- The information provided by Client and set out in Schedule “A” attached hereto is accurate and complete. Inaccurate or incomplete information is the responsibility of the Client and HRN is hereby released from all responsibility and/or liability with respect thereto.
- This Agreement confirms the approval for limited access to the Client’s property for property services and reporting only unless other services are negotiated.
- Any emergency will be handled as detailed in this Agreement and subject to fees terms and conditions as set out herein.
8. Service Agreement
HRN requires this Service Agreement for all services that it will provide to Client to ensure a complete understanding of all services expected. This Agreement must be signed by the Client before any membership can begin. As part of such service agreement, HRN shall collect vast quantities of information regarding Client’s home. All information collected is for the sole purpose of providing the services contemplated herein and such work product shall be HRN’s alone.
Client will be billed for the membership fee one month in advance each month during the contract until termination. Payment for other services shall be automatically billed to the credit card provided by client each month with a monthly statement provided outlining the services. It is the responsibility of the client to keep HRN updated as to any new or replacement credit card numbers, expiration dates, security numbers, etc. Any charge refused by the credit card issuer shall be resubmitted once. After such subsequent resubmission of declined charges, Client shall owe HRN an additional 10% administration fee plus 2% interest per month until such sums are paid in full.
By clicking submit, Client has read, understands and accepts all of the terms and conditions set out herein.
HRN PROPERTY SERVICE AGREEMENT
SERVICES & FEE SCHEDULE
BASIC SERVICES INCLUDE:
Exterior Inspection: Ensure all entrances are secure; check outside faucets for leaks; visual inspection of house, roof & gutters from the ground, collect data from air conditioning units, and perform
Interior Inspection list: Inspect and collect data from furnace(s), water heater(s), appliances,
The terms of this agreement include the acknowledgment that services require a 12-month commitment. F
ADDITIONAL SERVICES BY REQUEST:
Any repairs, maintenance or other desired work will be negotiated at the time of such work being necessary/desired. HRN uses Xactimate, an insurance industry standard, to arrive at the estimated costs for repair jobs.
Meet Service Providers/Deliveries: $75.00 per hour, minimum
Emergency After Hours Services: $95.00 First Hour and $75 per hour thereafter, minimum
Post – Storm Inspections: $75.00 per hour, minimum
Recurring Credit Card Payment Authorization
By joining HRN Private client by clicking submit on the payment form, You give us permission to debit your account for recurring credit/debit card transactions, in the amount of $199.00 per month, which will start on the date submit was clicked and will occur on each scheduled payment date thereafter. If any payment date falls on a weekend or holiday, you understand and agree that the payment may be executed on the next business day. This is permission for a recurring monthly membership fee but shall also stand as authorization for any agreed upon additional services incurred. Client agrees that such services paid are present consideration transactions and shall not be subject to charge-backs.
The terms “we”, “us,” “our,” or ” HRN private client platform ” refer to (a) Hayberg Restoration network l.l.c., a Georgia corporation.
1. Collection of Information
We collect information that you provide us, from third parties, and automatically when you use our Platform. We collect information associated with your device using cookies and similar technologies. We may also receive information about your location.
Information You Provide Us
We collect information that you provide us, including your account and profile information, content you submit or post to our Platform, your purchase information, your communications, and information you provide to us as part of surveys and contests.
Account and Profile Information. When you create an account on our Platform, we collect information you provide us, like your name, email address, interests, gender, age, and profile information.
Communications. Communications provided thru www.hrnprivateclient.com
Information from Others
We collect information that others provide us, including information from other platforms, publicly available information, information from other users of our Platform, information from our partners and corporate affiliates, and information from third-party sites.
Other Platforms. We may receive information about you from third-party platforms that obtain your permission to share this information with us. If you choose to sign-up for our Platform through Facebook or Google or upload your contacts from your third-party email service, you will be asked to share certain information with us as identified by those third-party platforms.
Our Partners. We may receive information about you from our partners. For example, our payment processors may update your payment information, advertising partners may help us send communications to your address, and third parties may help us prevent fraud by verifying your contact information.
Automatically Collected Information
We collect information about your use of our Platform, including your search activity, the pages you view, the date and time of your visit, and if you use our browser extensions, content you interact with on third-party sites. We also collect information that your device provides to us in connection with your use of our Platform, such as your browser type, type of device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.
Cookies and Similar Technologies
We will receive your device’s location if you enable this through your browser or mobile device. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information in our Platform, including in your settings or when you checkout as a shipping or billing address.
2. Use of Information
We use the information we collect to provide, support, and personalize our Platform and to communicate with you about our Platform (on and off our Platform). The ways we do this include the following:
- to provide and improve our Platform’s functionality, including to display content you post publicly; to fulfill your purchases through our Platform; to process, store, and deliver your communications; to provide customer service and support; to respond to your inquiries or requests; to back-up our systems; and to improve the security of our Platform;
- to evaluate
useof our Platform for our business purposes and to improve and develop our products and services, including new products and services and our Platform’s functionality;
- to personalize your
experience, such as to tailor the content and information made available to you and our support services;
- to display relevant advertising (on our Platform and third-party sites) and to evaluate the success of our advertising;
- to perform research and analysis for our business purposes; and
- if you decide to participate, to administer surveys, contests, and promotions.
If you provide
We may use your communications generally for quality assurance purposes and training and
We may use your log-in information, cookie information, device information
For your convenience, we will store information about your payment method. Any use of your information that is incompatible with these uses will be disclosed to you in advance so that you may opt out of such uses at your discretion.
3. Sharing Your Information
We will not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their own marketing purposes. We share information in the following ways:
Professionals, Sellers, and Other Businesses
If you request us to find professionals for you, your project information (including the contact information) that you provide will be made available to a limited number of professionals that we believe may be suitable for your project.
Service Providers and Platform Partners
Advertisers and Ad Networks
Corporate Affiliates and Business Transfers
4. Third Party Plug-ins, Widgets, and Links
An essential part of our services that you sign up for when you create
6. Account Termination and Data Retention
You can deactivate your account at any time by going to www.hrnprivateclient.com subject to
We will keep your personal information for as long as necessary to fulfill the purposes for which we are processing your personal information unless the law permits or requires us to retain your personal information for a longer period. For example, we may need to keep your personal data for quality assurance for our Platform or to defend future legal claims. We also will retain aggregated information after your account has been closed.
Our Platform is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in the Contact Us section.
8. Data Security
We use reasonable and appropriate measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.
10. Contact Us
If you have questions or comments about