Welcome, and thank you for your interest in PorchFile, LLC (“PorchFile” “we,” or “us”) and our home organization and document management platform, our website at porchfile.com, along with our related websites, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and PorchFile regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PORCHFILE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PORCHFILE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PORCHFILE AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PORCHFILE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)
TEXT MESSAGING NOTICE. BY ACCEPTING THESE TERMS, YOU AGREE TO RECEIVE TEXT (SMS) MESSAGES AT THE PHONE NUMBER YOU PROVIDE US AS FURTHER DESCRIBED IN SECTION 8. (See Section 8).
1. Service Overview: The Service enables users to organize, access, and view home-related documents from multiple sources in a centralized location, track storage locations and household supplies, manage home improvement projects, and build detailed insurance manifests of household items. The Service provides tools for document management, inventory tracking, project planning, and comprehensive home organization.
2. Eligibility: You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
3. Account Creation and Management:
3.1 Registration Requirements To utilize certain features of the Service, you must register for an account. The registration process requires you to provide accurate personal information, including your name, contact information, email address, and phone number. By registering, you consent to receive verification codes via text message from PorchFile or our service providers to complete the registration process.
3.2 User Responsibilities You acknowledge and accept sole responsibility for maintaining the accuracy and completeness of your account information, safeguarding your account password, and overseeing all activities that occur under your account credentials. You shall promptly notify PorchFile at service@porchfile.com if you suspect any unauthorized access or security concerns with your account.
3.3 Account Security You acknowledge that the security of your account is solely your responsibility. Any actions taken through your account will be attributed to you. PorchFile reserves the right to rely on the assumption that any person accessing the Service using your credentials is either you or someone authorized to act on your behalf.
4. Service Licenses and Usage Rights:
4.1 Service License Grant Subject to your ongoing compliance with these Terms, PorchFile grants you a license to use our Service that is personal, non-commercial, limited in scope, non-exclusive, non-transferable, and subject to revocation. This license permits you to: (a) download and use one copy of our mobile application on a device you own or control, provided it was obtained through an authorized marketplace; and (b) access and use the Service features as intended.
4.2 Usage Restrictions Unless explicitly permitted by applicable law, you are prohibited from reproducing or distributing any part of the Service, publicly displaying or performing Service content, creating modifications or derivative works of the Service, or tampering with or circumventing the Service’s security or functionality features. If your jurisdiction prohibits any of these restrictions, those specific restrictions will not apply to you.
4.3 User Feedback When you provide suggestions, ideas, or other feedback about our Service (“Feedback”), you grant PorchFile an unlimited, permanent, irrevocable, non-exclusive, fully-paid, royalty-free license to use the Feedback in any way. This includes using your Feedback to enhance the Service, develop new features, or create other products and services. You provide this Feedback voluntarily, and PorchFile may use it without any obligation to compensate or credit you.
5. Intellectual Property and Ownership Rights:
5.1 Service Ownership The Service is owned and operated by PorchFile. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by PorchFile are protected by intellectual property and other laws. All Materials included in the Service are the property of PorchFile or its third party licensors.
5.2 Limited Authorization Except as expressly authorized by PorchFile, you may not make use of the Materials. PorchFile reserves all rights to the Materials not granted expressly in these Terms.
5.3 Machine Learning Systems The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content (“Machine Learning”). Nothing in these Terms prohibits PorchFile from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service.
5.4 Intellectual Property Reservation Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by PorchFile or the Machine Learning generated in the course of providing the Service.
6. Third Party Integration and Services:
6.1 Third Party Accounts Certain features of the Service may permit you to connect your account on the Service with third party accounts, such as accounts with real estate providers, title companies, or insurance providers (“Third Party Accounts”), including for purposes of accessing your real estate and insurance-related documents. If you connect your account on the Service with Third Party Accounts, you hereby grant PorchFile permission to access the Third Party Accounts (including the documents and materials included therein) in connection with PorchFile’s provision of the Service.
6.2 Third Party Services and Linked Websites PorchFile may provide tools through the Service that enable you to export information, including User Content, to third parties or third party services. By using these tools, you agree that PorchFile may transfer that information to the applicable third party. Third party services are not under PorchFile’s control, and, to the fullest extent permitted by law, PorchFile is not responsible for any third party’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under PorchFile’s control, and PorchFile is not responsible for their content.
6.3 Third Party Software Components The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
7. User Content and Data:
7.1 User Content Definition Certain features of the Service may permit users to upload content to the Service or permit the Service to access content through Third Party Accounts, including real estate documents, insurance documents, data, text, and other types of works (collectively, “User Content”). As between you and PorchFile, you retain sole ownership of your User Content, including any copyright and other proprietary rights that you may hold in the User Content that you upload to the Service.
7.2 Use Authorization When you provide User Content to or via the Service, you agree that PorchFile may use and share your User Content as necessary for the purpose of providing the Service pursuant to these Terms.
7.3 User Content Representations and Warranties PorchFile disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
(a) You have the right to grant PorchFile access to any and all Third Party Accounts you link to the Service;
(b) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize PorchFile and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by PorchFile, the Service, and these Terms;
(c) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PorchFile to violate any law or regulation.
7.4 Content Review and Control We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. PorchFile may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PorchFile with respect to User Content.
7.5 Content Deletion Upon your request, PorchFile will delete your User Content, unless legally prohibited to do so.
8. Communications:
8.1 Text Messaging PorchFile and its authorized representatives may send text (SMS) messages to the phone number you provide. These messages may contain operational communications about your use of the Service and marketing content about our offerings. You may opt out of marketing text messages by sending an email to service@porchfile.com with your request to discontinue marketing messages and the associated phone number. You may continue to receive messages briefly while we process your request, including a confirmation of your opt-out. We may use an automatic telephone dialing system to deliver these messages. Your consent to receive marketing text messages is not required to use the Service. Message and data rates may apply to all text communications as determined by your carrier.
8.2 Push Notifications By installing our mobile application, you consent to receive push notifications, which are messages sent to your mobile device even when the application is not actively in use. You maintain control over these notifications through your device settings and may modify your preferences at any time through your device’s notification management system.
8.3 Email Communications PorchFile may communicate with you via email regarding our services and those of selected third parties. Each promotional email we send will include instructions for opting out of future promotional communications. Opting out of promotional emails will not affect operational or transactional emails necessary for account management and Service functionality.
9. Prohibited Conduct:
By using the Service, you agree not to engage in any of the following prohibited activities:
9.1 Unlawful Usage You shall not use the Service for any illegal purpose or in violation of any local, state, national, or international law.
9.2 Third Party Rights You shall not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right.
9.3 Security Interference You shall not interfere with security-related features of the Service, including but not limited to: disabling or circumventing features that prevent or limit use or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law.
9.4 Service Disruption You shall not interfere with the operation of the Service or any user’s enjoyment of the Service. This prohibition includes: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
9.5 Fraudulent Activity You shall not perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing any other Service account without permission, or submitting false or misleading information.
9.6 Transfer Restrictions You shall not sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials.
9.7 Facilitation You shall not attempt to do any of the acts described in this Section 9, assist or permit any person in engaging in any of the acts described in this Section 9, or facilitate any of the prohibited activities described herein.
Any violation of these prohibitions may result in the termination of your access to the Service and may subject you to liability for any resulting harm.
10.Modification of Terms
10.1 Right to Modify PorchFile reserves the right to modify these Terms at any time on a prospective basis. We will make commercially reasonable efforts to notify you of any material changes before they become effective.
10.2 Review Responsibility You are responsible for periodically reviewing these Terms for any changes. Your continued use of the Service following the posting of any changes constitutes your acceptance of such changes.
10.3 Material Changes If a modification to these Terms materially alters your rights or obligations, we may require you to provide express consent to the modified Terms before continuing to use the Service. Material modifications are effective upon your acceptance of the modified Terms.
10.4 Non-Material Changes Modifications that do not materially alter your rights or obligations will become effective upon posting. Continued use of the Service following posting of any modification constitutes your acceptance of the modified Terms.
10.5 Amendment Process Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of both parties. Any dispute arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Term, Termination and Service Modifications
11.1 Agreement Term These Terms commence upon your acceptance of the Terms or your first access to, download, installation, or use of the Service, whichever occurs first. The Terms remain in effect until terminated as described in Section 11.2.
11.2 Termination Rights PorchFile may, in its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without prior notice. You may terminate your account and these Terms at any time by contacting our customer service at service@porchfile.com. Additionally, these Terms will automatically terminate upon any breach by you of any provision of these Terms.
11.3 Post-Termination Effects Upon the termination of these Terms: (a) All license rights granted to you will immediately terminate; (b) You must cease all use of the Service; (c) You will no longer have authorization to access your account or the Service; (d) Sections 4.3, 5, 7.2, 11.3, 12, 13, 14, 15, and 16 shall survive such termination and remain in effect.
11.4 Service Modifications PorchFile maintains sole discretion to modify, suspend, or discontinue any part of the Service at any time, whether temporarily or permanently. We may undertake such actions with or without prior notice to you. PorchFile shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
11.5 Data Preservation PorchFile has no obligation to maintain, store, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law or as stated in our Privacy Policy.
12. Indemnification:
12.1 User Responsibilities To the fullest extent permitted by law, you shall be responsible for your use of the Service and shall defend, indemnify, and hold harmless PorchFile and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “PorchFile Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(a) Your unauthorized or improper use of the Service;
(b) Your violation of any portion of these Terms, any representation, warranty, or agreement referenced herein, or any applicable law or regulation;
(c) Your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or
(d) Any dispute or issue between you and any third party, including any dispute related to home organization, documentation, or inventory management.
12.2 Defense Rights PorchFile reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claims. You will not settle any claim covered by this Section 12 without PorchFile’s prior written consent.
12.3 Survival Your indemnification obligations under this Section 12 shall survive any termination or expiration of these Terms or your use of the Service.
13. Disclaimers; No Warranties
13.1 Service Provided “As Is” THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PORCHFILE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
(b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
13.2 No Guarantee of Service PORCHFILE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PORCHFILE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.3 Content Reliability PORCHFILE MAKES NO WARRANTY REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT YOU ACCESS THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO HOME INVENTORY RECORDS, STORAGE TRACKING, PROJECT MANAGEMENT DATA, OR INSURANCE MANIFESTS.
13.4 No Responsibility for Data PORCHFILE IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT, ACCOUNT INFORMATION, HOME ORGANIZATION SYSTEMS, OR PERSONAL SETTINGS.
13.5 No Professional Advice NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PORCHFILE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PORCHFILE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
13.6 Use at Your Own Risk YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.7 Limitation of Disclaimers THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PorchFile does not disclaim any warranty or other right that PorchFile is prohibited from disclaiming under applicable law.
14. Limitation of Liability:
14.1 Types of Damages Limited TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PORCHFILE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO:
(a) YOUR ACCESS TO OR USE OF THE SERVICE;
(b) YOUR INABILITY TO ACCESS OR USE THE SERVICE;
(c) ANY MATERIALS OR CONTENT ON THE SERVICE;
(d) ANY HOME ORGANIZATION OR INVENTORY DATA;
(e) ANY LOSS OF PERSONAL OR PROPERTY RECORDS;
INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PORCHFILE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2 Liability Cap EXCEPT AS PROVIDED IN SECTION 15.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PORCHFILE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
14.3 Risk Allocation EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
14.4 Essential Purpose THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Dispute Resolution and Arbitration:
15.1 Agreement to Arbitrate In the interest of resolving disputes between you and PorchFile in the most expedient and cost-effective manner, and except as described in Section 15.2 and 15.3, you and PorchFile agree that every dispute arising from these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PORCHFILE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Exceptions Despite the provisions of Section 15.1, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit either party’s right to: (a) bring an individual action in small claims court; (b) pursue enforcement action through applicable federal, state, or local agencies; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
15.3 Opt-Out If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to PorchFile, LLC, Attention: Legal Department – Arbitration Opt-Out, 6725 S Fry Rd Ste 700 #2017 Katy, TX 77494 that specifies: your full legal name, the email address and phone number associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once PorchFile receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2.
15.4 Arbitration Administration Any arbitration between you and PorchFile will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PorchFile.
15.5 Arbitration Process A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). PorchFile’s address for Notice is: 6725 S Fry Rd Ste 700 #2017 Katy, TX 77494. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice of Arbitration is received, either party may commence arbitration proceedings. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules.
15.6 No Class Actions YOU AND PORCHFILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and PorchFile agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
15.7 Modifications to Arbitration Provision If PorchFile makes any future change to this arbitration provision, other than a change to PorchFile’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to PorchFile’s address for Notice of Arbitration, in which case your account with PorchFile will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
15.8 Enforceability If Section 15.6 or the entirety of this Section 15 is found to be unenforceable, or if PorchFile receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
16. Miscellaneous
16.1 General Terms These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding between you and PorchFile regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. PorchFile may assign these Terms at any time without notice or consent. The failure to require performance of any provision shall not affect our right to require performance at any other time, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
16.2 Governing Law These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and PorchFile submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Harris County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms.
16.3 Privacy Policy Please review the PorchFile Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The PorchFile Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
16.4 Additional Terms Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.5 Electronic Communications By using the Service, you consent to receiving electronic communications from us as further described in our Privacy Policy. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16.6 Contact Information The Service is offered by PorchFile, LLC, located at 6725 S Fry Rd STE 700 #2017 Katy, TX 77494 . You may contact us by sending correspondence to that address or by emailing us at service@porchfile.com.
16.7 Notice to State Residents If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
16.8 Support Services We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
16.9 International Use The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
17. Notice Regarding Apple:
This Section 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and PorchFile only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service.
17.1 Warranty and Liability In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
17.2 Claims Resolution Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy, or similar legislation.
17.3 Intellectual Property Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights.
17.4 Third Party Beneficiary You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
17.5 Legal Compliance You hereby represent and warrant that: (a) you are not 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; (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
