Your Feedback

Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.

We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to Battlefield Home Services it will be true, accurate, current, and complete and that you will update all personal information, as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You may not use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you.

You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. You may be liable to Battlefield Home Services for losses due to any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. You will not disassemble, decompile, copy, reverse-engineer, or create any derivative works based on the Site or Content. You agree not to use or launch any unauthorized technology or automated system on this Site to access online services or extract Content from the Site. You will not attempt to gain unauthorized access, impair, disable, or overburden the Site. We reserve all rights and remedies available to us.

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE.

THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BATTLEFIELD HOME SERVICES, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BATTLEFIELD HOME SERVICES, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATED TO AND ASSUME NO LIABILITY FOR ANY (A) TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ISSUES RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERRORS, MISTAKES OR INACCURACIES; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM ACCESS TO OR USE OF THE SITE; AND (F) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE, OUR SERVERS, OR ANY PERSONAL OR SENSITIVE PERSONAL INFORMATION WE STORE.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

BATTLEFIELD HOME SERVICES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BATTLEFIELD HOME SERVICES SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF BATTLEFIELD HOME SERVICES.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, PARENTS, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW WE, ON BEHALF OF OUR PARENTS, AFFILIATES, DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE OR DATA; LOSS CAUSED BY A VIRUS OR THE LIKE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; THIRD PARTY CLAIMS; OR OTHER LOSSES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions.

In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Text Messaging Program

Battlefield Home Services may collect your mobile phone number when you voluntarily provide it through our website, by telephone, in person, or by text message. Providing a phone number through a general inquiry or project request form does not, by itself, enroll you in recurring marketing text messages.

When you separately opt in to text messaging, you authorize Battlefield Home Services to send recurring automated text messages to the mobile number you provided. Messages may include responses to your inquiry, appointment scheduling and reminders, service or project updates, and occasional promotional offers. Message frequency varies, up to 6 messages per month. Message and data rates may apply. Consent to receive marketing text messages is not a condition of purchasing any goods or services.

You may opt out at any time by replying STOP. After opting out, you may receive one final message confirming that your request has been processed. Reply HELP for help, call Battlefield Home Services at (757) 720-4649, or email privacy@bhs-va.com.

Battlefield Home Services does not sell, rent, share, or disclose mobile phone numbers, SMS opt-in data, or SMS consent to third parties or affiliates for marketing or promotional purposes. Mobile phone numbers, SMS opt-in data, and SMS consent will not be transferred to any third party or affiliate for its own marketing or promotional use.

Service providers that help us operate the text messaging program may process mobile information solely on behalf of Battlefield Home Services and only as necessary to transmit, deliver, or administer our messages. These service providers may not use mobile information, SMS opt-in data, or SMS consent for their own marketing or promotional purposes.

We maintain records of SMS consent, including the date, time, source, and method of consent, as reasonably necessary to document compliance and honor opt-out requests.

Information We Collect and How We Use It

We collect personal information that you voluntarily provide to us, including your name, mailing address, email address, mobile phone number, property address, and information about the service or renovation project you are requesting.

We may use this information to:

• Respond to inquiries and project requests.
• Determine whether a requested project fits our services.
• Schedule and perform onsite assessments and contracted services.
• Prepare estimates, proposals, agreements, and invoices.
• Process payments and maintain business records.
• Provide customer service and communicate about an active inquiry or project.
• Send text messages when the appropriate consent has been obtained.
• Maintain, secure, and improve our website and business systems.
• Meet legal, accounting, insurance, and regulatory requirements.

We do not sell your personal information.

We may provide personal information to service providers that perform specific services on our behalf, such as website hosting, customer relationship management, scheduling, payment processing, analytics, document management, and communications delivery. These service providers may access the information only as necessary to perform services for Battlefield Home Services and may not use it for their own independent marketing or promotional purposes.

No mobile phone information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent will not be shared with any third party or affiliate for marketing or promotional purposes.

We may also disclose information when required by law, to respond to a valid legal request, to protect the rights or safety of Battlefield Home Services or another person, or in connection with a business transaction such as a merger or sale. Mobile phone numbers, SMS opt-in data, and SMS consent remain excluded from sharing for third-party or affiliate marketing or promotional purposes.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties (i.e., social media websites, vendor pages, websites of other corporations, limited liability companies, etc.). We have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.

Battlefield Home Services shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.

Unless the written waiver contains an express statement to the contrary, no waiver by Battlefield Home Services of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction, and Venue

These Terms of Use will be governed under the laws of the State of Virginia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Virginia Beach and County of Virginia Beach, Virginia. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe an infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify, defend and hold harmless Battlefield Home Services, its parents, subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to Battlefield Home Services or requested from Battlefield Home Services to perform the actions and/or share with the third-party application the information communicated to Battlefield Home Services, or requested from Battlefield Home Services. Battlefield Home Services is going to send that information through the third-party application, which will then go through the internet. Battlefield Home Services is not responsible for the dissemination, use, misuse, or disclosure of information by third-party applications, websites, or integrations that a user independently chooses to access or use. This limitation does not apply to Battlefield Home Services’ own collection, use, storage, or disclosure of personal information as described in this Privacy Policy.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. Battlefield Home Services reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles, with or without notice to you. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without consent or restriction.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Battlefield Home Services with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Battlefield Home Services with respect to this Site and your use of this Site.

Definitions

The term “Content” refers to all the software and code comprising or used to operate this Site, and all the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.

The terms “Battlefield Home Services,” “we,” “us,” and “our” refer to Battlefield Home Services.

The term “Feedback” refers to all the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term “including” means “including, but not limited to.”

The term “Site” refers to any online or mobile website owned or operated by Battlefield Home Services or its affiliates, on which these Terms of Use are posted.

The term “User-Generated Content” or “UGC” means all the text, photographs, images, illustrations, graphics, sounds, video, and audio-video clips, and other content you post using functionality on this Site that allows you to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback.”