Terms of Service

These Terms and Conditions (hereinafter "Terms") apply to the booking of home improvement services by customers (hereinafter "Customer" or "You") of Homebell Corp., 3550 North Central Ave, Suite 1250, Phoenix, AZ, 85012 (hereinafter "Homebell" or "We" or “Us” or “Our”). These Terms are a legal contract between You and Us and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR ENTERING INTO A CONTRACT WITH HOMEBELL. EITHER USING THIS WEBSITE OR ENTERING INTO A CONTRACT INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ENTER INTO A CONTRACT WITH HOMEBELL IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. Contract Purpose and Homebell Services

1.1. By using this Website, You promise that You are at least 18 years of age.

1.2. We invite You to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy!

1.3. If You want to purchase Services from Us through the Website, Homebell requires that You submit the following, accurate information through the Website:

1.3.1. A working email address; 1.3.2. First and last name; and 1.3.3. Phone number.

1.4. Once You submit the required registration information, We alone will determine whether or not to approve Your request for Services. If approved, You will be sent an e-mail detailing how to complete Your request for Services. You agree to provide true, accurate, current, and complete information.

1.5. You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website. Should You believe Your password or security for This Website has been breached in any way, You must immediately notify Us.

1.6. We are entitled to provide the Services that You request by contracting with third parties, for example, subcontractors. When selecting the craftsman to be employed in providing the Services, You have no right of approval, the selection is made solely by Homebell.

2. Contract Formation


2.1. A contract between Homebell and You for the provision of Services will be formed as follows:

2.1.1.  You will provide information on the desired service in a combination of ways, for example, by telephone, via the website and/or by sending an email to Homebell. Following receipt of a request of Service, Homebell will email an offer to You (“Offer”). However, Homebell’s receipt of your request for Service, for example, even if confirmed by email, does not yet constitute a contract. The contract is formed only after you accept the Offer from Homebell as provided below.

2.1.2.  You can accept this Offer within the time period specified in the Offer by sending an e-mail confirmation and thus forming a contract regarding the Services under the terms in this Website and those additional terms contained in the Offer (“Services Contract”).

2.1.3.  You can accept this Offer by hitting the “Place Order” button that can be found in the link to your personalized Offer.

2.1.4.  You will be able to access the Services Contract via the Website or may receive a copy by email; however, We will not continue to make that the Services Contract available to You following the conclusion of the Services.

3. Your Obligations

3.1.You are obliged to provide truthful and complete information, especially with regard to the data and information necessary or requested by Homebell for the Services (for example, for Service Contracts on the execution of paint work, exact square foot data and room number shall be provided).

3.2.The Services of Homebell are provided at the agreed place of performance. You are required to ensure Your presence or the presence of a representative at the agreed execution date and give Homebell or the third parties commissioned by Homebell access to the place of performance.

3.3.You are obliged to perform all preparatory work required for the respective Service in order to enable a proper execution of the agreed Services on time, including without limitation cleaning the worksite prior to the time the agreed Services are to be undertaken in such a manner that the Services can be performed without interference.

3.4.As far as an on-site inspection or preliminary inspection by Homebell or its third party contractors is required due to the Service, You will ensure Your presence or presence of a representative at the agreed time so that Homebell or its third party contractors can carry out the on-site inspection or preliminary inspection.

4. Homebell Obligations

4.1.Homebell or its designees will use reasonable commercial efforts to complete the Services as provided in its Service Contract. If the Services are not accepted due to a major defect, Homebell, may at its discretion, repair the alleged defect, replace the defective part or Service or refund the Fee to cover the value of the defect as reasonably determined by Homebell. This remedy is available only if the defect is reported to Homebell within one year of the end of the Services. These remedies are Your sole and exclusive remedy.

4.2.Homebell may suspend performance of the Services due to unforeseen disproportionate costs, performance failures by its designees or other reasons at its discretion and You may demand either a reduction of the Fee to reflect the value of the Services or terminate the Services Contract. Alternatively, Homebell may issue a supplemental Offer (“Supplemental Offer”) with an adjusted Fee in the event that the Services cannot be provided at the Fee offered in the initial Offer. In this instance, the same acceptance and contract formation procedures highlighted in Section 2 above will govern acceptance and contract formation with regard to any such Supplemental Offer. In the event that Homebell issues a Supplemental Offer with adjusted Fees, Your sole and exclusive remedies and options are to: a) accept such Supplemental Offer, at which point the terms, conditions and Fees of such Supplemental Offer will completely supersede and replace all terms, conditions, and Fees of the initial Offer or b) terminate the Services Contract under the initial Offer.

5. Homebell Responsibilities

5.1.Homebell is liable in case of damages to You (a) for injury or death caused by a breach of duty of Homebell under the Services Contract, (b) if Homebell or its designee caused the damage intentionally or through gross negligence, and (c) if the damage was caused by the breach of an obligation of Homebell, the provision of the Services as provided in the Services Contract.

5.2.These obligations are subject to the limitations in these Terms. Services of Homebell are provided at the agreed place of performance.

6. Fees, Payment

6.1.For the payment of the fee in the Services Contract (“Fee”), Homebell or its designees shall use reasonable commercial efforts to perform the Services in the Service Contract.

6.2.The payments outlined herein must be made by either credit card, PayPal, or check.

6.3.Prior to commencement of the Services, You shall make a down payment of thirty percent (30%) of the Fee by the method specified in the Services Contract which is due on Your acceptance of the Offer as provided in Section 2.1.3.

6.4.The remaining portion of the Fees is due to Homebell in the Services Contract within 5 days after completion of the Services as determined by Homebell, unless We otherwise agree in writing.

7. Remedies for Service Problems and Changes

7.1.If Homebell is unable to provide the Services under the Services Agreement due to a violation of Your obligations to cooperate in accordance with Section 3, including without limitation, due to other false or incomplete information provided by You, Homebell will inform You of such inability and will be entitled to terminate the Services Contract with no liability to You. In the alternative, Homebell may extend any deadlines under the Service Contract may be extended accordingly based upon such delays. If damages or additional expenses are incurred by or for Homebell due to a breach of the obligations in Section 3 or Your obligations to cooperate, You will bear the cost of such breach as reasonably determined by Homebell and shall pay Homebell the amount of such costs within ten (10) days after being invoiced by Homebell.

7.2.If You request changes of scope of the Services or where changes of the scope of Services are required because of reasons for which neither Homebell nor You are responsible, for example, delays in painting due to inclement weather. Homebell will determine the potential delays and possible additional costs due to the change which was desired or necessary, and the parties will agree on any contract amendment or a new order thus required depending on the individual case.

8. Rights for Delivered Goods

8.1.If Homebell delivers goods as part of the Services (“Delivered Goods”), Homebell reserves ownership of these Delivered Goods until payment in full of the Fees. If a Delivered Good is fixed to a building, You shall assign to Homebell any of Your claims in connection with such Delivered Goods in the case of resale or destruction of the property in the amount of Homebell’s claim.

9. Homebell’s right of withdrawal

9.1.Homebell has the right to terminate the Service Contract with You upon written notice to You and returning any Fees paid by You to Homebell, if (a) circumstances arise but were not known at the date of the agreement to the Service Contract which will significantly increase the cost or delay the provision of the Services or (b) Homebell or its designees unexpectedly do not have sufficient capacity for the provision of the Services or meet the agreed deadlines under the Services Contract.

10.Customer’s right of cancellation: Three Day Right to Cancel

10.1.You, the buyer, have the right to cancel this Service Contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to Homebell at Homebell's place of business by midnight of the third business day after You received a signed and dated copy of the Service Contract that includes this notice. You must include Your name, Your address, and the date You received the signed copy of the contract and this notice. If You cancel, Homebell must return to you anything You paid within 10 days of receiving the notice of cancellation. For Your part, You must make available to Homebell at your residence, in substantially as good condition as You received it, any goods delivered to you under this Service Contract or sale. Or, You may, if You wish, comply with Homebell’s instructions on how to return the goods at Homebell’s expense and risk. If you do make the goods available to Homebell and Homebell does not pick them up within 20 days of the date of Your notice of cancellation, You may keep them without any further obligation. If You fail to make the goods available to Homebell, or if You agree to return the goods to Homebell and fail to do so, then you remain liable for performance of all obligations under the contract.

10.2.Should you, the buyer, cancel the Service Contract Outside of the three business day window, you will be subject to a 30% cancellation fee equal to 30% of the total cost of your project.

11.Acceptance

11.1.You are obliged to accept the Services provided in accordance with the

Services Contract. You cannot reject the Services due to minor defects.

11.2.Services shall be deemed accepted if there is no written rejection by You within 7 business days of the completion of the Services.

12.DISCLAIMER OF WARRANTIES.

12.1.EXCEPT AS OTHERWISE PROVIDED IN THE TERMS, THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE SERVICES IS WITH YOU.

12.2.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE OR THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

12.3.THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE OR THE SERVICES SHALL BE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

13.LIMITATION OF LIABILITY.

13.1.WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. THE TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES OR FOR TORT LIABILITY $50,000.

14.DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER. Please Read This Provision Carefully. It Affects Your Legal Rights.

14.1.This Section facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

14.2.This Section provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this approach because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Section which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION.

14.3.Pre-Arbitration Claim Resolution

14.3.1.For all Disputes, You must first give Us an opportunity to resolve the Dispute which is first done by [emailing] to Us at ___ the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

14.4.Exclusions from Arbitration/Right to Opt Out

14.4.1.Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The Dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT AGREE TO THE SERVICE CONTRACT (the “Opt-Out Deadline”). You may opt-out of this Section by emailing Us at ___ the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

14.5.Arbitration Procedures

14.5.1.If this Section applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.

14.5.2.For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

14.5.3.Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

14.5.4.Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

14.6.Location of Arbitration – You or We may initiate arbitration in either New York or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to New York so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

14.7.Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the Section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

14.8.Class Action Waiver

14.8.1.Except as otherwise provided in this Section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

14.9.Jury Waiver

14.9.1.You understand and agree that by accepting this Section in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

14.10.Severability

14.10.1.If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable and the Dispute will be decided by a court.

14.11.Continuation

14.11.1.This Section shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Section (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Section if a Dispute between Us arises.

15.California Consumer Notice.

15.1.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Homebell Corp., 3550 North Central Ave, Suite 1250, Phoenix, AZ, 85012 . If You have a question or complaint regarding the Website or Service, please contact Customer Service at hello@homebell.com. You may also contact Us by writing Homebell Corp., 3550 North Central Ave, Suite 1250, Phoenix, AZ, 85012. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

16.Contact Us.

16.1.If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at Homebell Corp., 3550 North Central Ave, Suite 1250, Phoenix, AZ, 85012 [hello@homebell.com.

17.Mechanics Liens.

Anyone who helps improve Your property, but who is not paid, may record what is called a mechanics' lien on Your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against Your property and recorded with the county recorder. Even if You pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve Your property may record mechanics' liens and sue You in court to foreclose the lien. If a court finds the lien is valid, You could be forced to pay twice or have a court officer sell Your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a '20-Day Preliminary Notice'. This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.

The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if You pay Your contractor before You have received the Preliminary Notices.

18.Changes

18.1.We may alter the Terms which We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

18.2.If You object to any such modifications, Your sole recourse shall be to cease using this Website or obtain the Services. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

19.Rights to Use the Website

19.1.In these Terms we are granting You a limited, personal, non-exclusive and non- transferable license to use and to display the materials on the Website (“Materials”), but; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.

19.2.Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

20. General

20.1.These Terms will be governed and construed under the laws of the State of New York, excluding its conflicts of law principals. Any action filed by either party arising or relating to this Agreement shall be brought in New York, New York and You irrevocably consent to and waives any objection to jurisdiction and venue in the state and federal courts located in New York, New York. The United Nations Convention on the International Sale of Goods shall not govern this Agreement.

20.2. The parties to these Terms are independent contractors. Neither party shall be deemed to be an employee, agent, partner nor legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.

20.3. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

20.4. Except for Your payment obligations, neither party shall be deemed to be in breach of these Terms for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, war, riots, orders of government, strikes, failure of the Internet or shortages of materials.

20.5. You will comply with all applicable laws in connection with the Website and Services.

20.6. By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.