FRONTDOOR PRO AGREEMENT

Last Updated: April 11, 2023

PLEASE READ THIS FRONTDOOR PRO AGREEMENT BEFORE ACCESSING AND/OR USING YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP (AS DEFINED IN SECTION 1 BELOW).  THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP.

THERE IS NO FEE FOR ESTABLISHING AND MAINTAINING YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP, ALTHOUGH CERTAIN MEMBER BENEFITS SUCH AS FRONTDOOR PRO HOME SOLUTIONS SERVICE (AS DESCRIBED IN SECTION 6 BELOW) MAY REQUIRE A FEE APPLICABLE TO THE SERVICE YOU AUTHORIZE.

BY CLICKING THE “AGREE” BUTTON/BOX (OR ANY OTHER MECHANISM PROVIDED), OR BY ACCESSING YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE MEMBER AND ANY AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY RECEIVING FRONTDOOR PRO HOME SOLUTIONS SERVICES UNDER THIS AGREEMENT AND TO BIND THE MEMBER AND ANY SUCH AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.  IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.  PLEASE READ CAREFULLY.

This Frontdoor Pro Agreement (this “Agreement”) is between You (“You”, “Your” or “Member”) and Frontdoor Pro Home Solutions, Inc. (“Frontdoor Pro Home Solutions” and together with Frontdoor Pro Home Solutions’ parent company, Frontdoor, Inc., and their affiliates, collectively, the “Company”, “We”, “Us” and “Our”).  By accepting this Agreement, including by click-through, digital signature or other means of acceptance or acknowledgement, and establishing a Frontdoor Pro Home Solutions membership account (“Member Account”), You expressly acknowledge and agree that (i) You have read this Agreement and agree to all of its terms and conditions, (ii) You are a U.S. resident or otherwise reside in the United States, (iii) You are legally capable of entering into binding contracts, and (iv) You have the right, authority and capacity to enter into this Agreement.

You understand that We reserve the right to change, modify, add or remove provisions of this Agreement at any time.  You should check this Agreement periodically for changes.  By using Your Frontdoor Pro Home Solutions Membership (as defined in Section 1 below) and/or accessing Your Member Account (including the Frontdoor Pro Platform and any Member Benefits, each as defined in Section 1 below) after We post any changes to this Agreement or otherwise notify You of such changes, You agree to accept those changes, whether or not You have reviewed them.  If You do not agree to this Agreement, You should not use Your Frontdoor Pro Home Solutions Membership or any Member Benefits, and You should cancel Your Member Account with Us.

1. What is a Frontdoor Pro Home Solutions Membership?

A Frontdoor Pro Home Solutions membership (“Frontdoor Pro Home Solutions Membership”) consists of (i) access to a digital technology and communications platform (the “Frontdoor Pro Platform”) as described in Section 2 below, and (ii) access to a suite of related free and/or fee-based content, tools, products, services, subscriptions and other offerings (collectively, the “Member Benefits”), each of which help You take the hassle out of home ownership by serving as Your personal go-to resource, guide, and advisor for “all things home” and, if requested, as Your digital personal home solutions provider, concierge, and/or caretaker.  You gain access to and manage Your Frontdoor Pro Home Solutions Membership through Your Member Account available through the Frontdoor Pro Platform.  There is currently no fee for establishing and maintaining Your Frontdoor Pro Home Solutions Membership, although certain Member Benefits such as the Frontdoor Pro Home Solutions Service (as described in Section 6 below) may require a fee applicable to the service you authorize.

2. What is the Frontdoor Pro Platform?

The Frontdoor Pro Platform is a digital technology and communications platform supporting Your Frontdoor Pro Home Solutions Membership and is accessible through one or more digital applications or websites such as the Frontdoor Pro website located at https://pro.frontdoor.com.  The Frontdoor Pro Platform includes any content, tools, information, communications or technology in digital, electronic, written, oral, telephonic or other form provided to You in connection with Your Frontdoor Pro Home Solutions Membership.  The Frontdoor Pro Platform also provides You with access to the Frontdoor Pro Payment Processing System (as defined in Section 11 below) and enables Your access to Member Benefits.  As provided in Section 4 below, We may, at any time in Our discretion, discontinue, modify or alter any aspect of the Frontdoor Pro Platform without prior notice to You.

3. What are the Member Benefits included in my Frontdoor Pro Home Solutions Membership?

Member Benefits are the suite of free and/or fee-based products, services, subscriptions, content, tools, and other offerings made available to You as part of Your Frontdoor Pro Home Solutions Membership.  Examples of free Member Benefits may include Our do-it-yourself videos and other content regarding home maintenance and related topics, Our digital tools to track the content of Your home, and Our instructional articles on how to make simple home repairs.  Examples of fee-based Member Benefits include access to the Frontdoor Pro Home Solutions Service described in Section 6 below.  Member Benefits are typically accessible via the Frontdoor Pro Platform.  As provided in Section 4 below, the availability of Member Benefits may be limited based on geographic or other criteria and We reserve the right, at any time in Our discretion, to discontinue, modify or alter any aspect of the Member Benefits without prior notice to You. 

4. Are there any limits on the availability or use of my Frontdoor Pro Home Solutions Membership?

The availability and use of Your Frontdoor Pro Home Solutions Membership, including the Frontdoor Pro Platform and/or any Member Benefits, may be limited based on geographic or other criteria as We may establish from time to time.  You understand and agree We may disallow You from accessing, using, purchasing, and/or subscribing to certain aspects of the Frontdoor Pro Platform or certain Member Benefits, or may terminate Your access, use or subscription to certain aspects of the Frontdoor Pro Platform or certain Member Benefits at any time based on these criteria.  For example, individuals under the age of 18 may not use the Frontdoor Pro Platform, or We may limit the access to certain Member Benefits offered as part of Your Frontdoor Pro Home Solutions Membership only to individuals currently owning a home in certain geographic areas or locations.

If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your Frontdoor Pro Home Solutions Membership, and/or Your access to the Frontdoor Pro Platform (or any part thereof) or any Member Benefits.  We may, at any time in Our discretion, discontinue, modify or alter any aspect of Your Frontdoor Pro Home Solutions Membership, the Frontdoor Pro Platform and/or any Member Benefits, including, but not limited to, restricting the time the Frontdoor Pro Platform and/or Member Benefits are available or restricting or terminating Your right to use certain aspects of the Frontdoor Pro Platform and/or any one of Our Member Benefits.  You agree that Our termination or cancellation of Your access to, or use of, Frontdoor Pro Home Solutions Membership, the Frontdoor Pro Platform and/or any Member Benefits may be effected without prior notice to You.

From time to time, We may supplement this Agreement with additional terms and conditions (including other limitations or restrictions) pertaining to Your Frontdoor Pro Home Solutions Membership and/or any Member Benefits ("Additional Terms").  Such Additional Terms may be expressly incorporated into this Agreement, may be placed on the Frontdoor Pro Platform to be viewed in connection with specific content, activities, features or events, or may be presented in connection with Your use or access to certain Member Benefits.  For example, Additional Terms pertaining to the Frontdoor Pro Home Solutions Service are expressly set forth in this Agreement and may be supplemented or modified by Frontdoor Pro Home via the Frontdoor Pro Platform (or other means) in connection with Your approval of a Service Job.  Regardless of where or how the Additional Terms are presented, You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

5. Do I need to establish a Member Account to use my Frontdoor Pro Home Solutions Membership?

You must set up a Member Account, or in certain cases a Member Account may be set up for You after You book a Frontdoor Pro Home Solutions Service, to gain access to and manage Your Frontdoor Pro Home Solutions Membership.  You must register with the Company and/or have, be given or create a Member Account directly with the Company.  A Member Account may be on the Frontdoor Pro Platform accessible directly by You, or may be accessible only by the Company, or both.  You are the sole authorized user of Your Member Account.  You are responsible for maintaining the confidentiality of any log-in, password, and/or Member Account number provided by You or given to You by the Company for accessing Your Member Account on the Frontdoor Pro Platform.  You are solely and fully responsible for all activities that occur under Your log-in, password, and/or Member Account, even if not authorized by You.  If You are accessing and using the Frontdoor Pro Platform on someone else’s behalf, You represent that You have the authority to bind that person as the principal to this Agreement and form a log-in, password, and/or Member Account on their behalf.  The Company has no control over the use of Your Member Account accessible via the Frontdoor Pro Platform and expressly disclaims any liability derived therefrom.  Should You suspect that any unauthorized party may be using Your log-in, password, and/or Member Account, or You suspect any other breach of security, You agree to contact the Company immediately.

6. What is the Frontdoor Pro Home Solutions Service and how do I use it?

If You have a home system or appliance  (e.g., plumbing system, electrical system, HVAC system or appliance) that requires service, We offer a fee-based Member Benefit in which We act as Your personal home services guide, advisor and advocate to ensure that Your home system or appliance is serviced to Your full satisfaction (the “Frontdoor Pro Home Solutions Service”).  Each home system or appliance service (“Service Job”) handled through the Frontdoor Pro Home Solutions Service is performed by a technician (a “Pro Associate”) provided by one of Our professional independent service providers (individually, a “Pro”, and collectively, “Pros”) in Your area.  Except where otherwise noted, all Service Jobs performed pursuant to the Frontdoor Pro Home Solutions Service are backed by Our Frontdoor Pro Guarantee as described in Section 12 below.  The availability of the Frontdoor Pro Home Solutions Service may be limited based on geographic or other criteria and We reserve the right, at any time in Our discretion, to discontinue, modify or alter any aspect of this Member Benefit without prior notice to You.  The Frontdoor Pro Home Solutions Service is offered to You for an additional fee as a Member Benefit through Your Frontdoor Pro Home Solutions Membership.

Utilizing the Frontdoor Pro Home Solutions Service is simple and follows four (4) easy steps:

1. You first request Your Service Job by accessing the Frontdoor Pro Platform and providing Us with certain information on Your location and required Service Job.  This will allow Us to determine if the Frontdoor Pro Home Solutions Service is available in Your area.
2. If available, You then select Your preferred Service Window (e.g., Tuesday between 2pm and 4pm), provide the address of Your service location, and provide Your name, email address, and mobile phone number, as well as any additional details about Your project.
3. Through the Frontdoor Pro Platform, We will review Your Service Job needs based on the information provided, and then arrange for a Pro to arrive at Your home during Your preferred Service Window to assess whether or not it is feasible to repair Your home system or appliance.
4. If it is feasible to repair Your home system or appliance and depending on Your chosen preferred Service Method (e.g., Flat Rate Services, T&M Services or Diagnostic Charge, as described in Section 9 below), the Pro will either (i) perform the Service Job (including providing all labor, parts and other charges subject to the limitations set forth below in Section 8) or (ii) provide You with a diagnosis for Your Service Job and give You the opportunity to decide if You want to proceed with the service for an estimated amount (the “Estimated Cost”).  Upon Your Approval of the Estimated Cost and completion of the Service Job, either We or the Pro (as applicable) will charge You for any remaining amounts owed on the Service Job based on Your chosen Service Method.

The determination of whether it is feasible to repair Your home system or appliance shall be made by the Pro unless otherwise instructed by Us.  Factors to be considered regarding whether it is feasible to repair an item include, but are not limited to, the cost of new equipment; parts availability; the age of the item to be repaired; the relative cost of repair to the cost of new equipment; or any other factor the Pro deems relevant in assessing the feasibility of repair.

If the repair of Your home system or appliance is feasible and Your chosen Service Method includes a Flat Rate Service, the Pro will proceed with the repair unless otherwise instructed by Us.

If Your chosen Service Method includes a Diagnostic Charge, You owe a Diagnostic Charge for the Service Job as described in Section 9 below.  In addition, if You decide to proceed with the service of the home system or appliance, as applicable, for the Estimated Cost, You will owe any additional amount set forth for the Service Job.

Typically, as part of the Frontdoor Pro Home Solutions Service, with respect to any Service Job, We will ensure that Your home system or appliance is serviced by engaging the Pro, arranging for the arrival of the Pro during the Service Window, and, unless We notify You otherwise at the time of the confirmation of such Service Job, being responsible for making all payments to the Pro.  However, We may, in certain limited circumstances depending on the Service Job, engage the Pro on Your behalf.  In such instances, We will notify You at the time of the confirmation of such Service Job and You agree for Us to act on Your behalf in doing so.

PROS AND PRO ASSOCIATES ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF THE COMPANY.  THE COMPANY DOES NOT PERFORM CONTRACTOR SERVICES AND DOES NOT EMPLOY INDIVIDUAL PERSONS TO PERFORM CONTRACTOR SERVICES.  YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT DIRECT, CONTROL OR SUPERVISE A PRO’S OR A PRO ASSOCIATE’S WORK AND, EXCEPT AS PROVIDED IN THE FRONTDOOR PRO GUARANTEE, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTIBILITY, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE RELATED TO A PRO’S OR PRO ASSOCIATE’S WORK.

7. What are the Service Methods and Service Windows offered through the Frontdoor Pro Home Solutions Service?

The different means and methods (as well as the particular terms and conditions applicable to such means and methods) that the Company offers for handling Service Jobs through the Frontdoor Pro Home Solutions Service (collectively, “Service Methods”) shall be determined in the sole discretion of the Company from time to time.  Service Methods may include Flat Rate Services, T&M Services, Diagnostic Charge, Other Services (each as defined in Section 9 below), subscription or other means for providing services for Service Jobs and may be limited in scope such as to certain specified home systems or appliances, to the coverage of certain specified costs (e.g., labor, individual components and/or parts), or to certain other criteria (e.g., speed of service, availability and/or timing).  The Company reserves the right, at its sole discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the Service Methods (in whole or part) offered from or through the Frontdoor Pro Home Solutions Service at any time for any reason or no reason at all.  Except as provided in the Frontdoor Pro Guarantee, the Company has no obligation to You for any such Service Method change.

You will typically be presented with the opportunity to select time frames when a Pro will arrive at Your home for purposes of handling a Service Job under a Service Method (“Service Window”) and You will typically be offered an opportunity to choose Your preferred Service Window.  All Service Windows are subject to confirmation by Us.  The Company reserves the right, in its sole discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the Service Windows (in whole or part) offered from or through the Frontdoor Pro Home Solutions Service at any time for any reason or no reason at all.  Except as provided in the Frontdoor Pro Guarantee, if the Company cannot meet Your originally requested Service Window, the Company will make reasonable efforts to accommodate an alternative Service Window.  In such instances, the Company has no further obligation to You for any such Service Window change.

8. What additional limitations, restrictions and exclusions apply to the Frontdoor Pro Home Solutions Service?

It is Your responsibility to determine whether Your Service Job may be covered by a third-party or manufacturer’s warranty or guarantee (other than the Frontdoor Pro Guarantee).  If covered by a third-party or manufacturer’s warranty or guarantee, neither the Pro, the Pro Associate, nor Us are responsible for pursuing any third-party warranty or guarantee claim applicable to the Service Job, and there can be no assurances that any service performed pursuant to Your Service Job request will be performed in a manner that will preserve any such warranty or guarantee claim.

Unless otherwise required by law or noted in Additional Terms, You are responsible for securing all permits, licenses and/or renewals required by any government authority to complete the Frontdoor Pro Home Solutions Service.  You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals.  The Pro and/or Pro Associate will assist You in responding to requests for information from the permit, license and/or renewal-issuing government authority and where legally required they will obtain such permits on Your behalf.  You are responsible for providing the Pro and/or Pro Associate with a copy of all necessary permits, licenses and/or renewals issued by the government authority.  If Your address at which the Frontdoor Pro Home Solutions Service will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the delivery of the Frontdoor Pro Home Solutions Service, You agree to advise Frontdoor Pro Home Solutions, the Pro and the Pro Associate, if applicable.  You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes.  You agree to control and keep pets away from work areas.  You agree to keep posted permits on display at all times to the extent required by applicable law.  You agree that if You or anyone You control interferes with or delays the Frontdoor Pro Home Solutions Service, you may be subject to transportation/storage charges or other resulting charges.  YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.

Your chosen Service Method will determine the services You receive, including the costs for components, parts, and/or labor for the Service Job, that are covered by the fee You agree to pay Us.  Alternatively, if You choose a Service Method that includes a Diagnostic Charge, only the services needed to diagnose the Service Job’s requirements will be covered by the fee You agree to pay Us.

In the event You threaten to harm or actually harm the safety or well-being of: i) Frontdoor Pro, ii) any employee of Frontdoor Pro; iii) a Pro; or iv) any property of Frontdoor Pro or the Pro, You will be in breach of this Agreement.

9. What are the fees owed for Service Jobs through the Frontdoor Pro Home Solutions Service?

The fees owed will be determined by Your chosen Service Method for the applicable Service Job.  In some cases, the type and amount of fees applicable to Service Jobs will be set forth and described at the time the Service Job is requested (e.g., Flat Fee Service Jobs).  In other cases, the fees owed will be determined after diagnosis of the item to be repaired occurs (e.g., Diagnostic Charge Service Jobs).  You will be responsible for paying the fees for each Service Job requested (the “Payment Amount”) pursuant to the chosen Service Method.  You may be required to pay the Payment Amount upfront in whole or part (the “Upfront Amount”) to initiate the services.  Your Service Method also may include services to be rendered for a fixed Payment Amount (“Flat Fee”) or a flat rate Payment Amount (“Flat Rate Service(s)”), Frontdoor Pro Home Solutions Services for a Payment Amount charged on an hourly labor rate and materials basis (“T&M Service(s)”), a diagnosis only for a Payment Amount (“Diagnostic Charge(s)”), or other Frontdoor Pro Home Solutions Services for other Payment Amounts as applicable (e.g. custom pricing) (“Other Service(s)”).  The Payment Amount may or may not be inclusive of any Upfront Amount and may include additional payment terms and conditions described on the Frontdoor Pro Platform at the time the Service Job is requested or after the required repairs are diagnosed (e.g., Estimated Costs).

Payment of the Upfront Amount, the Flat Fee, the Diagnostic Charge, Estimated Costs and any other Payment Amount through the Frontdoor Pro Platform shall be made via the Frontdoor Pro Payment Processing System (as defined in Section 11 below) unless We inform You that the Pro will charge You for any remaining amounts owed on the Service Job based on Your chosen Service Method.  When a Service Job has been completed, You will authorize the Frontdoor Pro Payment Processing System to process the payments, fees, and other charges owed.  You may be charged a service cancellation fee through the Frontdoor Pro Payment Processing System if You request a Service Job but cancel it after the Pro departs for Your service location.

In the event that a Service Job with an Upfront Fee that was paid with an on-file credit card has been completed, You hereby give express authorization to the Company to charge any remaining amounts owed on such Service Job against Your on-file credit card.  In the event a Service Job is unable to be performed because it is not feasible to repair Your home system or appliance (as determined in the manner described in Section 6 above), You shall be entitled to a refund of any amounts paid less the Upfront Amount, if applicable.

10. What is Your background check policy for Pros and Pro Associates?

Pros and Pro Associates may, in Our sole discretion, be subject to an extensive vetting process before they can perform Service Jobs, including but not limited to a verification of identity, background checks and licensure, using third-party services as appropriate (collectively, “Identity and Background Checks”).  Although We may (i) perform Identity and Background Checks on Pros, their employees, and their independent contractors, or (ii) obligate Pros to perform Identity and Background Checks on themselves, their employees, and their independent contractors, the Company is not required to do so and cannot confirm each Pro’s or Pro Associate’s identity.  The Company does not assume any responsibility for the accuracy or reliability of Identity and Background Check information or any similar information collected by Us or a Pro.  When interacting with other Members, Pros, or Pro Associates, You should exercise caution and common sense to protect Your personal safety, data, and property, just as You would when interacting with other persons whom You do not know.

EXCEPT AS PROVIDED IN THE FRONTDOOR PRO GUARANTEE, NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR LICENSORS, INCLUDING EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, PROVIDERS, INDEPENDENT CONTRACTORS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS THE “COMPANY AND ITS REPRESENTATIVES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY PRO OR ANY OTHER USER OF THE FRONTDOOR PRO PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND ITS REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FRONTDOOR PRO PLATFORM OR YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP.

You, in Your sole discretion, determine whether You will be present or not when a Service Job is performed and/or completed.  If You elect not to be present when a Service Job is performed and/or completed, You agree that if someone other than You (e.g., spouse, roommate, friend, etc.) is present when the Service Job is performed, You are appointing that person as Your agent (“Member Agent”) and the Pro may take and follow direction from the Member Agent as if such direction was directly given by or from You.  You represent and warrant that the Member Agent is 18 years of age or older or at least the legally required age of majority in the jurisdiction in which You reside.

11. How are payments made under my Frontdoor Pro Home Solutions Membership?

Amounts owed for fee-based content, tools, products, services, subscriptions, and other offerings made available to You as part of Your Frontdoor Pro Home Solutions Membership (for example, for amounts owed for fee-based Member Benefits) shall be made utilizing the Company or third-party payment processing system specified or approved by Us or other means specified by Frontdoor Pro Home (collectively the “Frontdoor Pro Payment Processing System”).  Unless you finance one or more Service Jobs via a third-party financing company,  You will be required to provide Your payment method details to the Company and the Frontdoor Pro Payment Processing System (including any third-party payment system providers selected by the Company).

Through the Frontdoor Pro Payment Processing System, We or third-party payment processing providers may use third-party services to process credit card, debit card and other approved methods of payments for amounts owed by You.  Payments will only be made through the Frontdoor Pro Payment Processing System.  With the exception of tips, cash payments are strictly prohibited.

By accepting this Agreement, You are giving the Company (or third-party payment processing providers) permission to charge Your on-file credit card, debit card or other approved method of payment for fees, payments and other amounts owed.  Depending on the terms of the fee-based Member Benefits requested under Your Frontdoor Pro Home Solutions Membership, You may be charged on a one-time, installment or recurring basis, and You may be charged upfront and/or upon completion of the Member Benefit.  You agree that all payment information (including credit card, debit card or other approved payment method information) that You provide in connection with the Member Benefit is accurate, complete and current.  To help prevent fraud and safeguard Member information from the risk of unauthorized access, the Company and/or the third-party payment processing provider may validate payment information (including credit card, debit card or other approved payment method information) before activation of a Member Account or the provision of a Member Benefit.

The Company reserves the right (but not the obligation), in its sole discretion, upon request from You, or upon notice of any potential fraud, unauthorized charges or other misuse of the Frontdoor Pro Platform, to (i) place on hold any invoice amount, payment and/or fee due or owed (as applicable) or (ii) refund or provide credits, or arrange for the Frontdoor Pro Payment Processing System provider to do so.  Except as provided in this Agreement, any Additional Terms or otherwise permitted by the Company, all payments, charges and fees for Member Benefits must be paid through the Frontdoor Pro Payment Processing System as indicated on the Frontdoor Pro Platform.  You will be liable for any taxes required to be paid on the Member Benefits provided under this Agreement.

Notwithstanding the foregoing, We reserve the right to permit the Pro to charge You directly for any remaining amounts owed on the Service Job based on Your chosen Service Method provided We notify You in advance of such permission.  In such instances, You agree to pay the Pro any Payment Amount owed on Our behalf.

Frontdoor Pro Home Solutions may offer financing and may from time to time partner with one or more third-party financing partners, which may offer financing options to You and that You may chose, but are not required, to use to finance Frontdoor Pro Home Solutions Services.  The availability of financing may be limited based on the type of Service Job or other criteria.  If You utilize such third-party financing to pay for one or more Service Jobs, You acknowledge and agree that separate legal terms and conditions between You and the third-party financing company apply to such financing arrangements and are binding on You.

12. What is the Frontdoor Pro Guarantee?

We want You to be fully satisfied with Your experience using the Frontdoor Pro Service.  Accordingly, subject to the terms and conditions set forth below, if You are not reasonably satisfied with the Pro who is sent to Your home, We will seek to rectify the situation.  Service Jobs performed by Frontdoor Pro have a thirty (30) day workmanship guarantee, in addition to any applicable manufacturer’s warranty that may be included with any replacement parts that may be provided as part of the Service Job.  If a particular Service Job performed pursuant to this Agreement fails within thirty (30) days after completion, We will, in Our sole discretion:

• Return to Your job site to try to remedy the situation or
• Refund the amount You paid to Frontdoor Pro for any work that We agree was deficient.

Any refunds made by Frontdoor Pro Home Solutions under this guarantee are entirely discretionary.  This guarantee is not intended to be any sort of insurance and Frontdoor Pro Home Solutions is not an insurer, as such terms are understood for regulatory purposes.

Please Note: This guarantee does not apply if You do not make payment, in full, for any Service Job completed by Frontdoor Pro via the Frontdoor Pro Payment Processing System or authorized means.

12.1. Filing and Processing a Claim

12.1.1. Timing for Submission of Claims.  If You choose to submit a claim under this guarantee, You must submit the claim in accordance with the process described herein within thirty (30) days after work on the Service Job has concluded.  Any claims submitted after thirty (30) days will not be valid.  All information provided during the claim process must be accurate and complete.

12.1.2. Filing a Claim.  If You wish to file a claim, You must email Us at help@pro.frontdoor.com.  If You choose to file a claim, You are agreeing that We may share Your claim and all the information You provide Us with the Pro (or Pro Associate), if applicable.  As part of the claim process, in your email, please provide the following information: Your name, address, the name of the Pro or Pro Associate, if applicable, and a complete description of the Service Job performed, and the problem, and such other information or documentation (including photos) as will help Us assess Your claim.  You represent and warrant that all information included on Your claim form or otherwise provided to Us and all documentation You submit relating to Your claim will be complete and accurate.  We will determine if the evidence You provide is reasonable and sufficient, in Our sole discretion, and if so, We will process Your claim in accordance with the guarantee described herein.  We reserve the right to request additional information relating to Your claim at any time, and Your rights under the Frontdoor Pro Guarantee are subject to Your providing Us with all requested information.  Frontdoor Pro will work to promptly address Your claim upon receipt of Your claim and all required documentation to complete resolution of Your claim.  In addition, if You fix or repair (or hire another service provider to fix or repair) any problem that resulted in the filing of Your original claim with Us prior to Us processing and resolving Your claim, Your claim will be automatically disqualified and You will be ineligible to receive any payment from Us for that claim, unless such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or water damage), as determined by Frontdoor Pro in its sole discretion.

12.1.3. Validation of Claim.  Upon receipt of Your claim and documentation, We will evaluate Your claim to determine if it is valid and, if so, We will determine the appropriate resolution.  We reserve the right to determine in Our sole discretion that Your claim is not valid.  We will notify You of Our determination by sending an email to Your registered email address.  You agree to cooperate with Us with respect to the resolution We choose.  Any payments made by Us to You or actions that We may take under this guarantee will be in exchange for a full and final release of liability against Frontdoor Pro.  We may ask You to sign an agreement confirming such release, as a condition to any such arrangements, but, regardless, Your acceptance of such remedies shall constitute Your agreement to such a release.  If We are unable to validate a claim, We may consult with You to see if there are other ways that We may bring this matter to a satisfactory conclusion, such as, for instance, suggesting alternative dispute resolution options.

13. Do I need a computer, mobile phone or other device to access My Frontdoor Pro Home Solutions Membership?

Some aspects of Your Frontdoor Pro Home Solutions Membership, including the Frontdoor Pro Platform and Member Benefits, may require You to use, or for Us to access information on, Your computer or other applicable device.  By providing Us with Your mobile phone number and using the Frontdoor Pro Platform, You hereby affirmatively consent to Our use of Your mobile phone number for calls and recurring texts, in order to (i) perform and improve upon the Frontdoor Pro Platform and/or Member Benefits, (ii) facilitate Our performance of Member Benefits through the Frontdoor Pro Platform, and/or (iii) provide You with information and reminders regarding Your registration, orientation, upcoming services, product alterations, changes and updates, amounts owed, service outages or alterations.  These calls and texts may include, among other things, reminders about incomplete or upcoming services and/or in follow up to any push notifications delivered through the Frontdoor Pro Platform.  The Company will not assess any charges for calls or texts, but standard message, data or other charges from Your wireless carrier may apply.

The Frontdoor Pro Platform is operated by the Company in the United States.  In order for Us to provide You with a Frontdoor Pro Home Solutions Membership (including the Frontdoor Pro Platform and the Member Benefits), You agree that We may transfer, use and store information about You in the United States and other countries, where You may not have the same rights and protections as You do under local law.  If You choose to access the Frontdoor Pro Platform and/or Member Benefits from a location outside of the United States, You do so on Your own initiative and You are responsible for compliance with applicable local laws; provided, however, that the Frontdoor Pro Platform and/or the Member Benefits are not available to, and should not be accessed and used by, residents of the European Economic Area.

14. Do You offer promotions to Members?

The Company may from time to time provide certain promotional opportunities and contests to its Members or prospective Members.  All such promotions and contests will be run at the sole discretion of the Company, and can be activated, modified, discontinued or removed at any time for any reason by the Company without advance notification.  Promotional or other discount codes (collectively, “Promo Codes”) may be available and can be used to pay or reduce all or any amounts owed for Member Benefits.  The use or application of any Promo Code is solely intended as a promotional.  You agree that You will use Promo Codes in accordance with the terms of the Promo Code.  The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by You or any other Member in the event that the Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

15. What other policies are applicable to my Frontdoor Pro Home Solutions Membership?

We are committed to protecting Your privacy and security.  Any personal data You submit to the Frontdoor Pro Platform or which We otherwise collect about You is governed by Our Privacy Policy as may be updated and supplemented from time to time (the “Privacy Policy”).  A copy of Our current Privacy Policy is available at https://www.frontdoor.com/privacy-policy and by this reference is incorporated into this Agreement.  Your use of the Frontdoor Pro Platform is also governed by Our Terms of Use as may be updated and supplemented from time to time (the “Terms of Use”).  A copy of Our current Terms of Use is available at https://www.frontdoor.com/legal/terms and by this reference is incorporated into this Agreement.  You acknowledge that by using Your Frontdoor Pro Home Solutions Membership including the Frontdoor Pro Platform and the Member Benefits, You have reviewed and agree to the terms and conditions of Our Privacy Policy and the Terms of Use.

16. What other terms and conditions are applicable to my Frontdoor Pro Home Solutions Membership?

 

16.1. Disclaimer of Warranties and Limitation of Liability

THE FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRONTDOOR PRO PLATFORM ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  THE COMPANY AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRONTDOOR PRO PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF YOUR FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP (INCLUDING THE FRONTDOOR PRO PLATFORM AND THE MEMBER BENEFITS) IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THE FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRONTDOOR PRO PLATFORM, THE COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRONTDOOR PRO PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, UNLESS OTHERWISE SPECIFIED IN WRITING.

IF, NOTWITHSTANDING THE FOREGOING, IT IS DETERMINED THAT THE COMPANY AND ITS REPRESENTATIVES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY AMOUNT OF FEES ACTUALLY PAID TO FRONTDOOR PRO HOME SOLUTIONS FOR THE SPECIFIC SERVICE JOB GIVING RISE TO THE LIABILITY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

16.2. Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company and its Representatives (the “Indemnified Parties”) from and against any and all any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, incurred in connection with (i) Your use or inability to use Your Frontdoor Pro Home Solutions Membership, (ii) Your breach or violation of this Agreement, (iii) Your violation of any law, or the rights of any third party, and (iv) any content submitted by You or using Your Member Account with respect to the Frontdoor Pro Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.  You also agree to indemnify the Indemnified Parties for any Liabilities resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You take that imposes an unreasonable burden or loan on Our infrastructure.  The Company reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Your indemnification.  You will not, in any event, settle any claim or matter without the prior written consent of the Company.

16.3. Force Majeure

Company will not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in its performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies, materials or telecommunication breakdown or power outage.

16.4. Resolution of Disputes

16.4.1. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without application of conflict of laws rules.  Venue for all Claims (defined below) not subject to arbitration shall be in state or federal courts located in Shelby County, Tennessee.  You hereby waive any and all jurisdictional and venue defenses otherwise available.

16.4.2. Resolution of Any Dispute.  In the event a dispute arises between You and Us, We want to provide You with an efficient, neutral and cost-effective means of resolving the dispute.  Most concerns can be resolved quickly by contacting us, which may be initiated by emailing Us at help@pro.frontdoor.com.  If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed with respect to any dispute, controversy or claim arising out of or in any way relating to this Agreement (“Claims”).  This agreement to arbitrate is intended to be broadly interpreted.  It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

16.4.3. Arbitration Procedures.  A party who intends to seek arbitration must first send to the other a written notice of dispute describing the nature and basis of the Claim and setting forth the specific relief sought.  All notices to Us shall be sent to Our address of record indicated below, Attn: Legal Department – Administrator, Alternative Dispute Resolution.  All notices to You will be sent to the email or physical address You have provided.  Upon receipt of such notice, the receiving party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties.  After the expiration of such sixty-day cure period, You or We may commence an arbitration proceeding.

16.4.4. MANDATORY ARBITRATION; CLASS ACTION WAIVER; LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND WE CAN BRING CLAIMS AGAINST EACH OTHER.  THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND US TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Any Claim will be resolved by binding arbitration, rather than in court.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.  In addition, the Federal Arbitration Act and federal arbitration law applies to this Agreement.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “AAA’s Rules”).  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.  We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the state where You live, or at another mutually agreed location.

You and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action.  If for any reason a Claim proceeds in court rather than in arbitration, You and We each waive any right to a jury trial.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.

F. General Provisions

Failure by the Company to enforce any of the provisions of this Agreement will not be construed as a waiver of any provision or right.  This Agreement, together with the Frontdoor Pro Guarantee, the Privacy Policy, the Terms of Use and any Additional Terms incorporated herein by reference, constitute the complete and exclusive agreement between You and the Company with respect to the subject matter described herein, and supersede and govern any and all prior agreements or communications.  In the event of any conflicts between this Agreement and the Frontdoor Pro Guarantee, the Privacy Policy, the Terms of Use and any Additional Terms, this Agreement shall control unless expressly stated otherwise.  The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable.  In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.  This Agreement may not be assigned or transferred by You without Our prior written approval.  We may assign or transfer this Agreement without Your consent, including but not limited to assignments: (x) to a parent or subsidiary, (y) to an acquirer of assets, or (z) to any other successor or acquirer.  Any assignment in violation of this section by You shall be null and void.  This Agreement will inure to the benefit of the Company, its successors and assigns.  None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

G. Notices

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on the Frontdoor Pro Platform.  You agree that all Notices that We provide to You electronically satisfy any legal requirement that such communications be in writing.  Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or email; or (iii) on the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, AS WELL AS THE PRIVACY POLICY, THE TERMS OF USE, THE FRONTDOOR PRO GUARANTEE, AND ANY ADDITIONAL TERMS; I AGREE THAT MY USE OF MY FRONTDOOR PRO HOME SOLUTIONS MEMBERSHIP IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND I AM AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE MEMBER AND ANY AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY RECEIVING FRONTDOOR PRO HOME SOLUTIONS SERVICES UNDER THIS AGREEMENT AND TO BIND THE MEMBER AND ANY SUCH AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.