Terms & Conditions
This serves as the terms and conditions for Eco Home Heroes LLC and was last updated on 8.26.2020
These terms and conditions apply to the Subscription (defined below) for the Services (defined below) subscribed to or otherwise requested related to air filter, air duct cleaning, and/or any other Services or Products (defined below) provided by Eco Home Heroes, LLC, its personnel and any independent contractor or subcontractor it hires (collectively “EHH”). The scope of Services shall be as specified on the Customer’s Subscription and/or Work Order (defined below) entered by Customer. All Services, Products, and sales made are subject to these terms and conditions. All sales are final.
As between EHH and the Customer, the following words shall have the following meanings:
1.1 “Customer” means the person or legal entity that EHH supplies the Product or Services as detailed on the relevant Subscription or Work Order.
1.2 “EHH,” “we” or “us” means Eco Home Heroes, LLC, 4039 Spring Mountain Road, Las Vegas, Nevada 89102, and any independent contractor or subcontractor it hires.
1.3 “Price” means the cost or charge for the Services and/or the Product.
1.4 “Product” means all products being supplied by EHH to Customer in conjunction with the Services, as set forth on the Subscription and/or Work Order
1.5 “Services” means the service to be performed by EHH selected by Customer, all as set forth in the Subscription and/or any Work Order.
1.6 “Subscription” shall mean any Services requested by Customer on an ongoing, scheduled basis.
1.7 “Work Order” means any other document other than a Subscription setting out specific Services to be provided by EHH to Customer.
2.1 EHH will provide Services per the relevant provisions of the Subscription or Work Order.
2.2 All Services are provided expressly subject to the availability of materials and labor resources. EHH will use its best efforts to meet quoted response times, but these are estimates only and are not guaranteed.
- CONSENT TO ENTER PROPERTY; PROTECTIONS
3.1 Customer consents to EHH entering the Customer’s property to fulfill the terms of a Subscription and/or Work Order.
3.2 Customer agrees that it shall lock up or otherwise safely secure any pets during any appointment and that it shall be fully responsible for any harm caused to an EHH employee or contractor by Customer’s pet(s), or any condition on its property. EHH shall not be responsible for any injury or harm caused to any pet which is not safely secured during any appointment.
3.2 Customer shall be fully responsible for any injury or death caused to any EHH employee or contractor arising from performing any Services on the Customer’s property, including without limitation, any injury caused by any pet, but excluding any injury resulting from an EHH’s technician’s negligence or intentional act.
4.1 The Price of the Product or Services is as shown on the Subscription and/or Work Order, subject to any changes agreed in writing as provided by an amended or supplemental Work Order.
4.2 All prices and configurations are subject to change without notice or obligation at any point before EHH’s written acceptance of Customer’s Work Order.
5.1 Unless set forth differently on the Subscription or Work Order, or otherwise expressly agreed in writing by EHH, payment of the Price is required two (2) weeks before the next scheduled appointment. Customer may also pre-pay for any Subscription but shall only be entitled to a refund as set forth in Section 12 herein for any pre-paid Subscription or Services. EHH reserves the right to cancel any appointment date if payment of the Price is not timely made. EHH shall not be liable for any loss which Customer may suffer as a result of a delay caused by its non-payment of the Price.
- SERVICE APPOINTMENTS
6.1 EHH reserves the right, in EHH’s sole and absolute discretion, to change Service dates when necessitated by any supplier requirements or other circumstances out of EHH’s direct control.
6.2 Customer agrees to notify EHH if anyone in the household is or has been ill with any flu or virus, and specifically COVID-19. Expressly, Customer shall notify EHH of a positive COVID-19 test within the preceding fourteen (14) days. For any notice of a positive case of any of the above, EHH reserves the right, in its sole discretion, to cancel and reschedule any appointment.
6.3 If a technician believes for any reason that any of the conditions of the home or any person in it are not suitable to perform the Services, then EHH may cancel the appointment, including while in progress.
6.4 The rescheduling date and time for any a canceled Service appointment shall be at EHH’s sole discretion and based upon available resources.
6.5 It is agreed that Customer may not ask any technician for any other Services not already included in the Subscription or Work Order and that EHH will not perform any additional Services or undertake any other tasks except upon the express, written approval of an EHH manager.
- ACCEPTANCE OF THE SERVICES; DISCLAIMER OF WARRANTY
7.1 Customer is obligated to inspect any Services and/or Products upon completion of the work or delivery of the Products by EHH. Any issues or damage must be reported at such time, in writing, to EHH’s administrative office and not to the employee or contractor at Customer’s property. If no notice of damage is made in the time and manner set forth in this Section 7.1, Customer will be deemed to have accepted the Services and Product in a satisfactory condition and waive any other claim or warranty.
8.1 Except in respect of liability for death or personal injury due to EHH’s negligence, the entire liability of EHH to Customer for any claim whatsoever arising out of the Subscription, Services, and Products shall be limited to the Price for the appointment during which the alleged damage occurs.
8.2 EHH shall not be liable to Customer for losses suffered as a result of any representation, breach of contract, negligence, or otherwise including, but not limited to, any liability for direct, indirect or consequential loss.
8.3 EHH shall not be liable for any loss, costs, damages, charges, or expenses caused, directly or indirectly, by any delay or failure to meet quoted or estimated response times in delivering the Services, Products or Subscription.
8.4 EHH shall not be liable for any loss, costs, damages, charges, or expenses caused, directly or indirectly, by any issue with the HVAC system, its components, or any other condition related to or arising therefrom, including without limitation, health issues.
9.1 EHH’s Services will be performed per the Subscription and/or Work Order. Any request for additional work by Customer shall be considered a separate Work Order or an amended Work Order, and Customer shall pay the costs for all other Services, Products, or Subscription at the time of such order.
10.1 Communications between EHH and Customer may be conducted by text message (SMS), telephone, email, in-person, through EHH’s web portal, and or by correspondence.
10.2 Communications which bind or obligate EHH must be completed in writing by text message, email, through EHH’s web portal, by correspondence, and/or on a Work Order, and shall only be binding if signed or otherwise expressly agreed by a written response by an authorized EHH representative at its administrative office. Employees or contractors in the field, and specifically those that go to Customer’s property, do not have the authority to bind EHH.
10.3 EHH shall not be responsible for any downtime or other connectivity issues with its web portal, email server, the availability of wi-fi, or the telephone system. If there is any issue or delay with one of EHH’s methods of communication, then Customer may contact EHH via telephone at (702) 710-8899 and/or email at email@example.com.
- CANCELLATION OF SUBSCRIPTION OR APPOINTMENT
11.1 Customer may cancel its Subscription for periodic Services in writing and delivered to EHH no later than 48 hours before the next scheduled Service appointment. Customer shall pay for any cancellation request received within 48 hours of an appointment and not otherwise rescheduled within one week thereof.
- CUSTOMER PRIVATE INFORMATION
12.1 EHH agrees that it will reasonably maintain any confidential information regarding the Customer in confidence. Notwithstanding the preceding, EHH shall be entitled to utilize the Customer’s email or telephone number to send newsletters or advertisements, which the Customer may opt out of any further such communications as set forth in the email, text message, or social media.
13.1 If any provision of these terms and conditions or the Subscription or Work Order is held to be invalid, illegal or unenforceable for any reason, that provision shall be severed, and the remainder of the provisions shall continue in full force and effect as if these terms and conditions or the Subscription or Work Order had been agreed with the invalid, illegal or unenforceable provision eliminated.
14.1 Except as otherwise expressly provided herein regarding Customer’s notice for any deficient Services or Products, the failure or delay by either Party to enforce, at any time or for any period, any of its rights under these terms and conditions, shall not be deemed to be a waiver of such a right or of the right subsequently to enforce all provisions of these terms and conditions.
14.2 Indulgence or forbearance by either Party shall not be deemed a waiver of any of that Party’s rights under these terms and conditions.
15.1 All notices which are required to be served on or sent to EHH under these terms and conditions or the Subscription or Work Order, shall be validly served only if sent by first class mail to: Eco Home Heroes, LLC, 4039 Spring Mountain Road, Las Vegas, Nevada 89102, or if to Customer, at the property at which any Services, Subscription or Products were provided.
- WAIVERS & DISCLAIMERS
16.1 JURY TRIAL WAIVER. CUSTOMER AND EHH EACH IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITS RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO SERVICES, THE PRODUCTS OR SUBSCRIPTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE PRECEDING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THE CONTRACT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
16.2 CLASS ACTION WAIVER. THE PARTIES FURTHER WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY THE COURT HEARING THE CONTROVERSY EXPRESSLY TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY’S FEES ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION; AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
16.3 DISCLAIMER OF WARRANTY EHH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. CUSTOMER AGREES THAT IT BUYS THE PRODUCTS AND ACCEPTS THE SERVICES AND SUBSCRIPTION “AS IS” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND EHH.
16.4 LIMITATION ON DAMAGES IN NO EVENT SHALL EHH BE LIABLE FOR ANY LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON THE WRITTEN AGREEMENTS BETWEEN THE PARTIES OR PER ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION THEREWITH.
16.5 LIMITATIONS ARE SEVERABLE. THE PARTIES FURTHER AGREE THAT EVERY PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION SINCE THOSE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. BUYER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16.6 LIMITATION ON REMEDIES AS STATED ABOVE, EXCEPT FOR PERSONAL INJURY CAUSED BY EHH’S NEGLIGENCE, THERE SHALL BE NO CLAIMS OR OTHER LEGAL REMEDIES. BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO THE PRICE FOR THE APPOINTMENT FROM WHICH THE ALLEGED DAMAGE ARISES.
- GOVERNING LAW AND JURISDICTION
17.1 These terms and conditions shall be governed by and construed under the laws of State of Nevada, without regard to its choice of law provisions.
17.2 The Parties hereto submit to the exclusive jurisdiction and venue of the state or federal courts in Clark County, Nevada, to the express exclusion of all others.
- ENTIRE AGREEMENT
18.1 These terms and conditions and the accompanying Subscription and/or Work Order contain the complete terms of the agreement between the Parties and supersede any previous agreements, arrangements, undertakings or proposals, whether oral or written. These terms and conditions may only be varied by an express written agreement signed by an authorized representative of EHH.