Villa My Home, LLC

Terms and Conditions

1. Introduction

These Terms and Conditions (these “Terms”) govern the relationship between you (“Client”) and Villa My Home, LLC, a Nebraska limited liability company (“Service Provider”) for the provision of home maintenance and related services (the “Services”). By engaging Service Provider to provide the Services, you agree to be bound by these Terms.

2. Services and Fees

Client hereby engages Service Provider to provide the Services for Client in exchange for the fees and charges (the “Fees”) agreed to by Client and Service Provider subject to these Terms. The Fees are not inclusive of any additional expenses or the cost of materials incurred by Service Provider in the performance of the Services, and Client shall be obligated to reimburse Service Provider for any such expenses.

3. Client Responsibilities

Client shall reasonably cooperate with Service Provider during the performance of the Services, including, without limitation, providing advance notice of all maintenance requests, following reasonable instructions, granting access to property necessary for performance of the Services. Client shall at all times comply with all applicable laws, rules, and regulations. Client shall be responsible for all fees charged by third-party contractors, and such fees shall be paid directly by Client to such third-party contractors. Service Provider shall not be responsible or liable for any delay or failure of performance caused in whole or in part by Client’s delay in performing, or failure to perform, any of its obligations under these Terms, including, but not limited to, Client’s failure to pay any fees owed to third-party contractors.

4. Warranty Disclaimer

Service Provider agrees to perform the Services in a manner consistent with generally accepted industry practices. If Client reasonably identifies a material failure in the performance of the Services, Client’s sole and exclusive remedy, and Service Provider’s entire liability for such failure, shall be Client’s right to terminate Service Provider’s provision of the Services upon written notice to Service Provider. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, SERVICE PROVIDER PROVIDES THE SERVICES “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5. Indemnification

Client shall indemnify, hold harmless, and defend Service Provider from and against any and all suits, claims, actions, proceedings, costs, losses, expenses (including fines and penalties, settlement awards and attorneys’ fees), liabilities and damages (including, without limitation, damages relating to injury or death of any person or destruction of any property, real or personal) resulting from any claim arising out of, connected with, or resulting in whole or in part from: (i) Client’s negligence or willful misconduct; (ii) any breach by Client of any of the terms, covenants, representations, warranties or other provisions contained in these Terms; (iii) Client’s violation of applicable laws, rules, or regulations; (iv) personal injury, death, or damage to real or personal property resulting from Client’s acts and omissions; or (v) Client’s failure to pay any third-party contractors.

6. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR SERVICE PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL SERVICE PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SERVICE PROVIDER AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY CLIENT FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM MADE BY CLIENT.

7. Force Majeure

Service Provider shall not be responsible to Client, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the Services, when and to the extent the Service Provider’s failure or delay is caused by or results from the following force majeure events: flood, fire, earthquake, pandemic or quarantine restrictions, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, and other similar events beyond the reasonable control of the Service Provider.

8. Subcontracting

The Service Provider may freely subcontract any of its obligations under these Terms; provided, however, that the appointment of any such subcontractor shall not relieve Service Provider of its responsibilities hereunder. Client shall be responsible for all fees charged by any subcontractor to Service Provider for Services provided to Client for the Services.

9. Miscellaneous

These Terms: (a) are governed by, and will be interpreted, construed and enforced in accordance with, the laws of the State of Nebraska, without giving effect to Nebraska’s conflict of laws rules; and (b) are binding upon, and will inure to the benefit of, Client and Client’s respective successors and permitted assigns. In agreeing to these Terms, Client has not relied upon any statement, representation, warranty, or agreement of Service Provider except for those expressly contained in these Terms. Client expressly consents to the exclusive jurisdiction of the federal, state and local courts serving Douglas County, Nebraska, to govern all disputes arising out of or relating to these Terms. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

By agreeing to Service Provider providing the Services, you acknowledge and agree to these Terms.