LAST UPDATED APRIL, 1, 2021

CONSUMER TERMS AND CONDITIONS

Welcome to Prime Home Upkeep! Please review the following terms carefully. If you have any questions about these Terms and Conditions, please contact us.

The following terms and conditions form a binding agreement ( “Agreement”) between you and Prime Home Upkeep, an Iowa corporation (referred to herein as “Company,” “we,” “us,” or “our”).  The term “you” refers to the person accessing or using the Site (defined below) or our Services (defined below), or the company or organization on whose behalf that person accesses the Site or our Services. By using the Site or any of our Services, you are agreeing to these terms and conditions.

This Agreement will govern your use of the Site and our Services. If you do not agree to the terms and conditions as provided in this Agreement, you must immediately cease use of the Site and our Services. 

ABOUT PRIME HOME UPKEEP AND ITS SERVICES

Prime Home Upkeep desires to secure high-quality comprehensive Routine Home Upkeep and Maintenance services at an affordable rate, and access to customer service for such services and products through our website located at https://www.PrimeHomeUpkeep.com and any other medium owned or operated by us (the “Site”). The “Services” include the opportunity for you to obtain a customer consultation on your home maintenance needs and related services. For purposes of this Agreement, “Content” means any and all information and materials contained anywhere on the Site or provided by us, Merchants, Providers  or Vendors in connection with the Services, including information and materials you post to the Site. Some of the Content is provided by others, including third-party contractors (sometimes “Merchants” or “Vendors”).  

PRIVACY PROTECTION

Some of our services on this website allow you to submit content containing personally identifiable information. You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Prime Home Upkeep to address your home maintenance needs. Prime Home Upkeep’s Privacy Policy explains how we treat the personal data you submit and protect your privacy while providing you the services and products you need to achieve and maintain the maximum level of hearing health. 

Any communications between you and Prime Home Upkeep, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Company will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

RULES REGARDING INFORMATION AND OTHER CONTENT — INTELLECTUAL PROPERTY 

The Content we publish on the Site is proprietary to us, the Vendors, and/or our affiliates. You agree not to distribute, perform, reproduce, copy, transmit, display, modify, publish, license, create derivative works from, transfer, or sell, including through re-sale, any Content, software, information, products, or services obtained from or through the Site.

When you use the Site, you can obtain access to various kinds of Content. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Prime Home Upkeep), and you agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

• violates the privacy, publicity, or other rights of third parties;

• is unlawful, defamatory, libelous, discriminatory, pornographic, obscene, harassing, abusive, threatening, hateful, or encourages conduct that would be considered a criminal offense, would give rise to civil liability, would violate any law, or is otherwise inappropriate, as determined by us in our sole discretion;

• is misleading, false, or inaccurate; or

• could damage Prime Home Upkeep, its affiliates, its employees, or other related parties.

Everything located on the Site is the exclusive property of Prime Home Upkeep or is being licensed or used with permission. We are not granting any license to you by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. ANY COPYING, TRANSMITTING, POSTING, DISTRIBUTING, LINKING, OR OTHER MODIFYING OF THE SITE, WITHOUT THE EXPRESS WRITTEN CONSENT OF, PRIME HOME UPKEEP IS PROHIBITED. Any violation of this provision will result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The Site may contain software, photos, text, video, music, graphics, and sound and the entire contents of the Site are protected by copyright as a collective work under U.S. copyright laws; the Site includes trademarks, copyrighted material, and other proprietary information that are also protected by copyright as a collective work under the United States copyright laws (“Company IP”). You may not modify, publish, broadcast, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Company IP, in whole or in part. You may download, print, and/or save Company IP for your personal use only. Except as expressly allowed under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material, without the express written consent of Prime Home Upkeep or the copyright owner, is permitted. If copying, redistribution, or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights in the Company IP under this Agreement.

You agree to not upload, post, or otherwise make available on the Site any Content protected by copyright, trademark, or other proprietary right without the express consent of the owner of the copyright, trademark, or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting Content to any public area of the Site, you warrant that the owner of such Content has expressly granted Prime Home Upkeep the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other intellectual property rights that may exist in such Content. You also permit any other user to access, view, store, or reproduce the Content for that user’s personal use. You also grant Prime Home Upkeep the right to edit, copy, publish, and distribute any Content that you make available on the Site, to the extent allowed by Prime Home Upkeep’s Privacy Policy.  If you have any rights to the submitted Content that cannot be licensed to us as provided in this Agreement, you unconditionally and irrevocably waive the enforcement of such rights and any and all claims and causes of action of any kind against us or related to our users and affiliates anywhere in the world with respect to such rights.

COPYRIGHT INFRINGEMENT NOTICES

If you are a copyright owner or a copyright owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our copyright agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) A statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. Prime Home Upkeep’s designated copyright agent to receive notifications of claimed infringement can be reached at info@primehomeupkeep.com. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your Digital Millennium Copyright Act notice may be deemed invalid.

RELEASE OF LIABILITY FOR ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

Prime Home Upkeep’s website may contain advertisements and links to third party websites that are not owned, operated, or controlled by Prime Home Upkeep. Therefore, we cannot and do not assume responsibility for the content, policies, or practices of such websites or the companies that operate or own them.  Additionally, we cannot and will not censor or edit the content of any third party site. By using Prime Home Upkeep’s website, you expressly relieve us from any and all liability arising from your use of any third party website.

TERMINATION

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth in this Agreement. In the event of any termination, you will immediately cease use of the Site. 

DISCLAIMERS OF WARRANTY

We provide the Site and Services “as is,” “with all faults,” and “as available.” Prime Home Upkeep and the Merchants make no express warranties or guarantees about the Site, the Services, or the Content.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT PRIME HOME UPKEEP WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WITHOUT INTERRUPTION. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRIME HOME UPKEEP SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PRIME HOME UPKEEP EMPLOYEE OR AGENT SHALL CREATE A WARRANTY. Additional consumer rights may be available to you under your local laws that this Agreement cannot change.

LIMITATIONS OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR SERVICES PROVIDED BY PRIME HOME UPKEEP. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHODLERS, AGENTS, VENDORS, AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify, and hold harmless Prime Home Upkeep, its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of and access to Prime Home Upkeep’s website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) Content submitted by you that causes damage to a third party. This defense and indemnification obligation will survive termination of this Agreement.

RESERVATION OF RIGHTS AND RELEASE

Prime Home Upkeep reserves the right to take any action it deems appropriate regarding disputes that you may have with other users or any Vendors.  To the extent not prohibited by applicable law, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other user or any Vendors. You hereby expressly waive any applicable state law limitations or prohibitions regarding the applicability or enforceability of such release. 

LEGAL NOTICES

Statute of Limitations. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ENTIRE AGREEMENT

This Agreement, and any other legal notices published by Prime Home Upkeep, including its Privacy Policy, on the Site shall constitute the entire agreement between you and Prime Home Upkeep. 

MODIFICATION

We may modify the terms of this Agreement from time to time in the future, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such modifications in this Agreement. If you do not agree to any modifications, if and when such modifications may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to this Agreement indicates that you agree to such modified Agreement. 

WAIVER

Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Any waiver of Prime Home Upkeep’s rights under this Agreement shall not be valid or effective unless in a written agreement bearing the physical signature of an officer of Prime Home Upkeep. No purported waiver or modification of this Agreement by Prime Home Upkeep via electronic mail communications shall be valid. 

NOTICES AND ELECTRONIC COMMUNICATIONS

For purposes of this Agreement, you (a) consent to receive communications from Prime Home Upkeep in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Prime Home Upkeep provides to you electronically satisfy any legal requirement that such communications be in writing. You may direct communications to customer service representatives by email at info@primehomeupkeep.com, by phone at 515-957-7463 2977, or regular mail at 100th Street, Ste 4, Urbandale, IA 50322.

CONSTRUCTION

When used in this Agreement, “including” shall mean “including without limitation” and shall not limit the preceding words or terms. Unless the context requires otherwise, (a) all definitions of capitalized words and phrases in one tense, shall extend to and include all other tenses, with appropriate adjustments in interpretation employed as needed to ensure the intended meaning of such word or phrase (as determined by the context in which it is used) is preserved to the fullest extent; (b) all terms used in this Agreement in the singular shall extend to and include the plural and all terms used in the plural shall extend to and include the singular; and (c) all terms used in this Agreement in any gender shall extend to and include both genders. The section headings used in this Agreement are included solely for convenience and shall not affect the interpretation of this Agreement.

GOVERNING LAW AND VENUE

The parties agree that the transactions undertaken on or through this website have occurred and are located solely and in their entirety in the state of Iowa. The validity, interpretation, and performance of this Agreement or the use of the Prime Home Upkeep Site, Prime Home Upkeep services, products supplied by, leased or purchased through or from Prime Home Upkeep shall be governed by and construed in accordance with the laws of the state of Iowa without giving effect to the choice of law rules thereof. Any controversy or dispute arising from or related to this Agreement, the use of the Prime Home Upkeep Site or Prime Home Upkeep services, products supplied by or purchased or leased through or from Prime Home Upkeep shall be exclusively determined in the Iowa District Court sitting in Polk County Iowa. The parties irrevocably consent to sole and exclusive jurisdiction and venue in the Iowa District Court, sitting in Polk County Iowa for the purpose of litigating any dispute that arises out of or relates to this Agreement.

The parties to this Agreement hereby irrevocably waive jury trial for all claims arising out of or related to the relationship between, including but not limited to arising from or related to this Agreement or the use of the Prime Home Upkeep Site, Prime Home Upkeep services, products supplied by, leased or purchased through or from Prime Home Upeep.