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THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 10 BELOW FOR MORE INFORMATION.
This Residential Services Contract ("Agreement") is marketed, administered, and issued by RenovationUp LLC d/b/a RenovationUp, a Wyoming Limited Liability Company ("RenovationUp", "we", "our", "us"). In this Agreement, the words "you" and "your" refer to the Contract Holder ("Contract Holder") shown on the provided Coverage Summary Page. RenovationUp is not an insurer and this Agreement is for a Residential Services Contract, not an insurance policy. During the coverage period, if you satisfy the specified conditions in connection with Claim (as defined below), you are entitled to coverage ("Coverage") and RenovationUp will provide the appropriate service(s), each a "Covered Service" as set forth herein. RenovationUp is not a contractor and will not repair your home. Depending on the Covered Service, RenovationUp may arrange for a RenovationUp Authorized Service Contractor ("Service Contractor") to provide repair services in accordance with this Agreement although it does not warrant work performed by such a Service Contractor. This Agreement is intended to provide protection against the cost of repairing your home. Various provisions in this Agreement restrict coverage – please read the Agreement carefully to determine your rights, duties, and what is and is not covered and when you are eligible to access coverage.
a. To obtain Coverage access and a Covered Service the following conditions must be satisfied by you: (i) all fees due under this Agreement must have been paid to RenovationUp, (ii) the Homeowners Insurance Policy for the property specified on the coverage summary page must be active and in good standing, (iii) you must have experienced a claim ("Claim") under the Homeowners Insurance Policy specified on the Coverage Summary Page for which your insurer has adjudicated an adjustment of at least $5,000 and (iv) you must have used RenovationUp's (provisioned by ClaimSetter Inc.) Claim Preparation Service for that claim. You further agree to cooperate with RenovationUp's efforts to confirm your eligibility including by providing requested documentation. Unless and until you satisfy these conditions, you cannot obtain Coverage and access a Covered Service.
b. During the term of this Agreement, if you experience a Claim and satisfy the requirements of Section 1.a, we agree to provide a Covered Service to you as set forth in Section 3 of this Agreement up to the Claim Amount set forth in section 1(d). This Agreement does not cover any known or unknown pre-existing conditions, nor does it replace your existing Homeowners Insurance Policy. It is understood that we are not a Service Contractor, and we are not ourselves undertaking to repair or replace any such systems or components.
c. This Covered Service can only be provided for single-family homes, new construction homes, condominiums, townhomes, and mobile homes under 5,000 square feet, unless an alternative dwelling type (i.e., above 5,000 square feet or multi-unit home) is applied, and appropriate fees are paid and acknowledged on the Coverage Summary Page.
d. The amount paid in connection with your Claim will not exceed the amount stated on the Coverage Page. For such claims, maximum coverage is the lesser of the Service Agreement Maximum or 20 (twenty) percent of the amount of your adjusted homeowners insurance claim ("Claim Amount").
e. This Agreement does not apply to and is void with respect to (i) commercial properties; (ii) residential properties used for business purposes, including, but not limited to, dwellings used for rest homes, day care centers, schools and/or professional offices; (iii) common areas of condominiums, multi-family houses and/or cooperatives; (iv) vacant properties; (v) foreclosed/short sold properties; and (vi) properties not owned by you.
f. Coverage applies to the systems and components mentioned as "covered" in accordance with the terms and conditions of this Agreement so long as such systems and components:
g. Your Coverage will automatically renew for successive one-year terms each year unless you cancel at least three (3) business days before your renewal date. You can cancel anytime by contacting us at cancel@renovationup.com. The renewal will be charged to the payment method we have on file.
a. Your Coverage details, effective date, and expiration date are shown on your Coverage Summary Page.
b. A renewal of a previously issued contract will have no lapse in Coverage, provided required payment has been received by RenovationUp prior to the expiration date of the previous contract. If payment is received after the expiration date of the previous contract, Coverage will begin thirty (30) days after receipt of new payment. RenovationUp may require an inspection of covered systems, appliances, and components during this thirty (30) day waiting period.
When you are eligible for Coverage as set forth in Section 1, RenovationUp will arrange and pay for you to have one or more of the following services performed on your home by a Service Contractor up to the Claim Amount:
Systems Coverage:
Utility & Home Service Line Coverage:
Any other item confirmed by RenovationUp in writing in RenovationUp's sole discretion.
To access the Service Contractor Service, you must agree in writing with a Service Contractor regarding the scope and cost of the services you are requesting pursuant to this Agreement. Each writing, signed by you and accepted by the Service Contractor and us, shall be an "Approved Work Order." All work to be performed in connection with the Service Contractor Service must be set forth in an Approved Work Order. If the cost of services provided pursuant to an Approved Work Order exceeds the amount RenovationUp has agreed to pay as set forth herein, you agree to pay the difference. The Service Contractor may refuse to commence work on an Accepted Work Order until receipt of such payment.
a. Coverage starts thirty (30) days after acceptance of your application by us and our receipt of applicable Agreement fees and continues for three hundred and sixty-five (365) days from that date. We reserve the right to waive the thirty (30)-day grace period. Waiving of the thirty (30)-day waiting period is at our sole discretion. For a Claim to satisfy Coverage under this Agreement, the date of loss must not occur before the start of Coverage.
a. We must be notified as soon as you have a Claim and prior to expiration of the Agreement. You can request service by emailing Claims@renovationup.com. We will accept service messages 24 hours a day 7 days a week online, excluding weekends and holidays. Upon receipt of your claim, we will issue a claim number, which will serve as a tracking number for you. RenovationUp will respond to your notification during our regular business hours, after-hours service is not available.
You agree that RenovationUp will share required data with ClaimSetter Inc. to enable the provisioning of the service.
b. Upon a request for service, we will ask you provide documentation sufficient to establish, to our satisfaction and in accordance with this Agreement, that you are eligible for Coverage and that the service you are requesting is a Covered Service.
a. Coverage Claims Subject to Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the United States before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") or Judicial Alternatives and Mediation Services ("JAMS") pursuant to their applicable rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
b. Arbitration Process. The arbitration will be conducted by a single arbitrator selected in accordance with the rules of the administrator. The arbitrator will be an attorney with experience in the subject matter of the dispute or a retired judge. The arbitration will be conducted in accordance with the rules of the administrator, except that the arbitrator must comply with the following: (i) the arbitration shall be conducted by an experienced arbitrator licensed to practice law in the state where the arbitration is conducted; (ii) the arbitration will be conducted in accordance with the rules of the administrator; (iii) the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based; (iv) the arbitrator will be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
c. Informal Dispute Resolution. If a Coverage Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Coverage Claims by sending an email to dispute@renovationup.com at any time.
d. Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
e. Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
f. Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
g. No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE COVERAGE CLAIM OR COVERAGE CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Coverage Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 10(g), and any attempt to do so, whether by rule, policy arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this class action waiver be determined exclusively by a court and not by the administrator or any arbitrator.
h. Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than the class action waiver is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the class action waiver are finally adjudicated pursuant to the last sentence of the class action wavier to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Coverage Claims or make awards beyond those authorized in this Arbitration Provision.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE COVERAGE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH COVERAGE CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER RENOVATIONUP NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO CONTRACT HOLDER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM RENOVATIONUP'S PERFORMANCE OF THE OBLIGATIONS OF THIS AGREEMENT, EVEN IF RENOVATIONUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENOVATIONUP'S TOTAL AGGREGATE LIABILITY TO CONTRACT HOLDER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $1000. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OF THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Unless prohibited by law, Contract Holder agrees to defend, indemnify, and hold RenovationUp harmless, including RenovationUp's subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Contract Holder's use of RenovationUp's services; (2) Contract Holder's breach of this Agreement; or (3) any breach of Contract Holder's representations and warranties set forth in this Agreement. Notwithstanding the foregoing, we reserve the right, at Contract Holder's expense to assume the exclusive defense and control of any matter for with Contract Holder is required to indemnify RenovationUp, and Contract Holder agrees to cooperate, at your expense, with RenovationUp's defense of such claims. RenovationUp will use reasonable efforts to notify Contract Holder of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
C-Setter Inc
31 Washington st, Keene NH 03431