Terms of Use & Liability Waivers

Definitions

To make this Agreement easier to understand, the following terms have the meanings below.

Claim

A Claim means any demand, dispute, lawsuit, arbitration, legal proceeding, liability, loss, damage, judgment, settlement, penalty, fine, expense, or attorneys’ fees arising out of or relating to your use of the THN Platform or services.

Contractor

A Contractor means any independent contractor, tradesperson, subcontractor, service provider, or other business participating in the Trusted Home Network.

Platform

The Platform means the Trusted Home Network website, mobile application, communications, software, and any related services, features, or content provided by THN.

The THN Trusted Standard™

The THN Trusted Standard™ is THN’s contractor qualification program.

Contractors who participate in the THN network may complete this Standard by providing information requested by THN, which may include licensing, insurance, background information, customer reviews, business reputation, references, and other information THN believes is appropriate as part of its review.

Completion of The THN Trusted Standard™ helps homeowners identify contractors who have participated in THN’s review process. It is not a certification, warranty, guarantee, or representation regarding a contractor’s future performance or suitability for every project.

Understanding THN’s Role

Our Purpose

Trusted Home Network exists to help homeowners hire contractors with greater confidence.

We do this by connecting homeowners with independent contractors who have completed The THN Trusted Standard™, making it easier to identify professionals who are committed to serving homeowners with integrity and professionalism.

Our goal is to provide homeowners with better information—not to make hiring decisions on their behalf.

What THN Does

Trusted Home Network provides technology and support services that help homeowners:

• •Find qualified local contractors
• •Submit project requests
• •Receive contractor recommendations
• •Learn about participating contractors
• •Communicate more easily throughout the matching process

In some communities, THN also works alongside homeowners’ associations and property managers to make trusted contractor resources available to residents.

What THN Does Not Do

Although THN works hard to help homeowners find quality contractors, it is important to understand the role we play.

Trusted Home Network is not:

• •A contractor
• •A general contractor
• •A subcontractor
• •A construction manager
• •A home inspector
• •A property management company
• •An engineering or architectural firm
• •A legal advisor
• •A provider of construction, remodeling, repair, maintenance, landscaping, or other home improvement services

THN does not perform construction work.

THN does not supervise, inspect, direct, manage, or control work performed by independent Contractors.

Independent Contractors

Every Contractor participating in the Trusted Home Network operates as an independent business.

Contractors are not employees, agents, representatives, partners, or joint venturers of THN.

Each Contractor is solely responsible for:

• •Its employees
• •Its workmanship
• •Safety practices
• •Business operations
• •Licensing
• •Insurance
• •Compliance with applicable laws
• •Contracts entered into with homeowners

THN does not assume responsibility for the services performed by any independent Contractor.

The THN Trusted Standard™

One of the primary services Trusted Home Network provides is maintaining a network of contractors who have completed The THN Trusted Standard™.

The purpose of the Standard is to help homeowners identify contractors who have participated in THN’s review process and who demonstrate professionalism, accountability, and a commitment to serving customers well.

As part of The THN Trusted Standard™, THN may review information such as:

• •State licensing
• •Business insurance
• •Criminal background information
• •Customer reviews
• •Business reputation
• •Professional references
• •Years in business
• •Other information THN believes is appropriate as part of its review

THN may also provide participating contractors with business coaching, educational resources, customer service training, leadership development, and other professional resources intended to help improve the homeowner experience.

Annual Renewal

Contractors participating in the THN network are generally asked to renew The THN Trusted Standard™ each year.

Because licensing, insurance, ownership, financial condition, and legal compliance may change over time, THN does not continuously monitor contractors between renewal periods unless THN specifically elects to do so.

What The THN Trusted Standard™ Means

The THN Trusted Standard™ is designed to provide homeowners with greater confidence when identifying contractors.

It reflects THN’s review of information that was reasonably available at the time the contractor completed the Standard.

However, completion of The THN Trusted Standard™ is not a certification or guarantee of future performance.

Participation in the Standard does not guarantee:

• •Quality of workmanship
• •Future project success
• •Continued licensing
• •Continued insurance coverage
• •Financial stability
• •Legal compliance
• •Safety practices
• •Honesty or reliability
• •Suitability for every project

Even well-qualified contractors may experience changes in their business over time.

For that reason, homeowners should continue to exercise their own judgment before selecting a Contractor.

Continual Improvement

Trusted Home Network is committed to continually improving The THN Trusted Standard™.

As our organization grows and industry best practices evolve, THN may modify or enhance the Standard from time to time to better serve homeowners and participating contractors.

Homeowner Responsibilities

While THN provides information and contractor recommendations, the decision to hire a Contractor always belongs to you.

Accordingly, you are solely responsible for evaluating, selecting, hiring, and supervising any Contractor you choose to engage.

Before hiring a Contractor, you should exercise reasonable independent judgment, including:

• •Confirming current licensing and insurance
• •Reviewing qualifications and experience
• •Asking questions about the project
• •Reviewing references and prior work
• •Obtaining any permits or approvals required for your project
• •Carefully reviewing all contracts before signing

Your Agreement with the Contractor

Any agreement for construction or home improvement services is solely between you and the Contractor.

THN is not a party to those agreements and assumes no responsibility for:

• •Project pricing
• •Contract negotiations
• •Payment terms
• •Scheduling
• •Project management
• •Change orders
• •Warranties
• •Completion of work
• •Disputes between you and the Contractor

Information Provided by THN

Information available through the THN Platform is intended as a helpful resource to assist you in making informed decisions.

While THN strives to provide accurate and useful information, that information should not replace your own investigation or independent judgment when selecting a Contractor.

Ultimately, you are responsible for deciding whether a Contractor is the right fit for your home and your project.

Understanding the Risks

Hiring someone to work on your home is an important decision.

While The THN Trusted Standard™ is designed to help homeowners identify contractors who have participated in THN’s review process, every home improvement project carries risks that cannot be completely eliminated.

For that reason, homeowners should carefully evaluate each contractor and make hiring decisions using their own independent judgment.

Voluntary Use of the Platform

Your use of the THN Platform, your decision to communicate with a Contractor, and your decision to hire any Contractor are entirely voluntary.

You remain in control of every hiring decision.

Risks Associated with Home Improvement Projects

You understand and acknowledge that construction and home improvement projects involve risks that may include, but are not limited to:

• •Property damage
• •Personal injury or illness
• •Financial loss
• •Delays or incomplete work
• •Defective workmanship or materials
• •Code violations

Contractor insolvency or business closure

Fraud, theft, or other criminal acts

Mechanic’s liens

Disputes regarding contracts, pricing, warranties, or payment

Changes in a Contractor’s licensing, insurance, ownership, or business operations after completing The THN Trusted Standard™

These and other unforeseen risks are part of home ownership and construction projects, regardless of how a contractor is located.

Assumption of Risk

By using the THN Platform and choosing to hire a Contractor, you knowingly and voluntarily accept the risks associated with your hiring decisions and any work performed by an independent Contractor.

This includes both known and unforeseen risks that may arise before, during, or after a project.

Release of Liability

Trusted Home Network exists to connect homeowners with independent contractors—not to perform, supervise, or manage construction work.

Because THN does not control the work performed by Contractors, you agree that THN should not be responsible for the actions or performance of independent businesses that homeowners choose to hire.

Accordingly, and to the fullest extent permitted by Florida law, you voluntarily release and agree not to bring legal claims against Trusted Home Network, its owners, employees, officers, directors, managers, representatives, affiliates, successors, or assigns (“Released Parties”) for Claims arising out of or relating to:

Your use of the THN Platform.

Your decision to hire or communicate with a Contractor.

The acts or omissions of any Contractor.

The quality, timing, completion, or results of any work performed by a Contractor.

Information made available through the Platform.

THN’s operation of the Platform.

THN’s administration of The THN Trusted Standard™, including its review, matching, referral, or communication services.

Waiver of Certain Negligence Claims

You understand and agree that this release includes Claims based upon the ordinary negligence of THN or the Released Parties, to the extent permitted by Florida law.

Nothing in this Agreement releases or waives Claims arising from THN’s gross negligence or intentional misconduct where such Claims cannot legally be waived.

Indemnification

If your actions, misuse of the Platform, violation of this Agreement, or disputes with a Contractor result in Claims against THN, you agree to indemnify, defend, and hold harmless the Released Parties from resulting losses, damages, expenses, and reasonable attorneys’ fees, to the fullest extent permitted by law.

THN may assume the defense of any matter covered by this provision, and you agree to reasonably cooperate in that defense.

Platform Disclaimers

Trusted Home Network is committed to providing a valuable resource for homeowners.

However, like most online platforms, the THN Platform and its services are provided on an “as is” and “as available” basis.

While THN strives to provide accurate information, uninterrupted service, and a positive user experience, we cannot guarantee that the Platform will always be error-free, uninterrupted, complete, current, or available.

No Warranty Regarding Contractors

Although Contractors may have completed The THN Trusted Standard™, THN does not guarantee or warrant:

The quality of any Contractor’s work.

Future project outcomes.

Continued licensing or insurance.

Business stability.

Compliance with applicable laws.

Safety practices.

Reliability.

Suitability for every project.

The THN Trusted Standard™ reflects information reasonably available at the time of review and is intended to assist homeowners—not guarantee future performance.

No Professional Advice

Information provided through the THN Platform is intended for general informational purposes only.

THN does not provide legal, engineering, architectural, financial, insurance, or construction consulting services.

Whenever appropriate, homeowners should seek advice from qualified professionals regarding their specific project.

Limitation of Liability

To the fullest extent permitted by Florida law, and subject to the exceptions described in this Agreement, THN and the Released Parties will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Platform or your relationship with any Contractor.

This includes damages such as:

• •Loss of profits
• •Loss of use
• •Loss of data
• •Business interruption
• •Increased project costs
• •Delay damages
• •Similar indirect or consequential losses

These limitations apply regardless of the legal theory asserted, including contract, negligence, or other legal claims.

Maximum Liability

Except where prohibited by law, and except for Claims arising from THN’s gross negligence or intentional misconduct, THN’s total liability for all Claims arising out of or relating to this Agreement shall not exceed Five Hundred Dollars ($500.00).

Why These Limitations Exist

Trusted Home Network was created to help homeowners connect with independent contractors—not to replace the homeowner’s judgment or assume responsibility for construction projects.

The protections described in this Agreement allow THN to operate a trusted contractor network while making it clear that each Contractor remains independently responsible for the work they perform and each homeowner remains responsible for selecting the Contractor they believe is the best fit for their project.

These provisions are intended to create clear expectations so everyone understands their respective roles and responsibilities.

Governing Law & Dispute Resolution

Trusted Home Network believes that most concerns can be resolved through open communication. If a dispute cannot be resolved informally, the following provisions explain how legal disputes will be handled.

Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law principles.

Binding Arbitration

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the THN Platform will be resolved exclusively through binding arbitration, rather than in court.

Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its applicable consumer arbitration rules.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Individual Claims Only

You and THN agree that any claim must be brought in an individual capacity.

Neither party may participate as a plaintiff or class member in a class action, consolidated action, representative proceeding, or similar legal action unless both parties agree in writing.

Jury Trial Waiver

To the fullest extent permitted by law, both you and THN knowingly waive the right to a trial by jury for any dispute covered by this Agreement.

Venue

Any court proceeding relating to the enforcement of this arbitration provision or the confirmation, modification, or enforcement of an arbitration award shall be brought exclusively in the state or federal courts located in Sarasota County, Florida.

Attorneys’ Fees

In any legal proceeding or arbitration relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the fullest extent permitted by applicable law.

General Terms

These provisions help ensure that this Agreement remains clear, enforceable, and up to date.

Entire Agreement

This Agreement represents the complete understanding between you and Trusted Home Network regarding your use of the THN Platform and supersedes any prior discussions, representations, or agreements relating to these Terms.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Any unenforceable provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

No Waiver

If THN chooses not to enforce a particular provision of this Agreement at any time, that decision does not waive our right to enforce the same or any other provision in the future.

Assignment

You may not assign or transfer your rights or obligations under this Agreement without THN’s prior written consent.

THN may assign this Agreement as part of its normal business operations, including in connection with a merger, acquisition, or sale of assets.

Updates to This Agreement

As Trusted Home Network continues to grow and improve its services, we may update this Agreement from time to time.

If material changes are made, the revised Agreement will be posted on the THN Platform.

Your continued use of the Platform after those changes become effective constitutes your acceptance of the updated Agreement.

Notices

Notices to THN should be sent using the contact information provided on the THN Platform.

Notices from THN may be provided by email, through your account, or by posting information on the Platform, where permitted by law.

Electronic Acceptance

By creating an account, clicking “I Agree,” or otherwise using the THN Platform where acceptance is indicated, you acknowledge that you are entering into a legally binding electronic agreement.

Your electronic acceptance has the same legal effect as a handwritten signature.

Survival

The provisions relating to homeowner responsibilities, assumption of risk, releases, indemnification, disclaimers, limitation of liability, dispute resolution, payment obligations (if applicable), and any other provisions that reasonably should survive termination will remain in effect after your use of the Platform ends.

Independent Relationship

Nothing contained in this Agreement creates an employment relationship, partnership, joint venture, agency relationship, franchise, fiduciary relationship, or similar legal relationship between you and Trusted Home Network.

THN acts solely as an independent provider of the Platform and related services.

Your Acknowledgment

By clicking “I Agree,” creating an account, or otherwise accessing or using the THN Platform where this Agreement is presented, you acknowledge and agree that:

• •You have read and understand this Agreement

You have had the opportunity to ask questions or seek independent legal advice before accepting these Terms.

You understand THN’s role as a provider of a contractor referral and homeowner support platform.

You understand the purpose and limitations of The THN Trusted Standard™.

You understand that hiring a Contractor remains your independent decision and responsibility.

You understand that this Agreement includes provisions regarding assumption of risk, releases of liability, indemnification, warranty disclaimers, limitations of liability, and dispute resolution.

You understand that, to the fullest extent permitted by Florida law, you are waiving certain legal claims against THN arising from ordinary negligence, as described in this Agreement.

You understand that nothing in this Agreement waives claims arising from THN’s gross negligence or intentional misconduct where such claims cannot legally be waived.

You are voluntarily entering into this Agreement with a full understanding of its terms.

You agree to be bound by all provisions contained in this Agreement.

Electronic Acceptance

By selecting “I Agree,” I acknowledge that:

• •I have carefully read and agree to the Trusted Home Network Homeowner Participation Agreement.
• •I understand that this Agreement includes an assumption of risk, release of liability, waiver of certain legal claims, limitation of liability, and other provisions affecting my legal rights.
• •I understand the purpose and limitations of The THN Trusted Standard™ and acknowledge that it is intended to help homeowners make informed decisions but is not a guarantee of future contractor performance.

My electronic acceptance is intended to have the same legal force and effect as my handwritten signature.

Accepted By

Homeowner: _______________________________________

Printed Name: _____________________________________

Email Address: ____________________________________

Date: _____________________________________________

Recitals

WHEREAS, THN operates a private contractor membership and customer referral platform designed to connect homeowners, homeowners’ associations, and property managers with independently owned contractors who have successfully completed THN’s vetting process; and

WHEREAS, Contractor desires to participate in the THN platform as an independent business and has applied for membership in accordance with THN’s qualification and approval procedures; and

WHEREAS, the parties wish to set forth the terms and conditions governing Contractor’s participation in the THN platform and use of THN services.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Article I: Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

“Confidential Information”

“Confidential Information” means all non-public information disclosed by THN to Contractor relating to THN’s business, Customers, membership materials, coaching resources, business strategies, proprietary system, pricing, marketing, technology, THN Materials, or other proprietary information, whether disclosed orally, electronically, or in writing.

“Contractor Content”

“Contractor Content” means all information, materials, photographs, images, logos, trademarks, service marks, trade names, testimonials, reviews, project descriptions, business descriptions, and other content that Contractor provides, submits, uploads, or makes available to THN in connection with this Agreement or Contractor’s participation in the THN platform.

“Customer”

“Customer” means any individual homeowner, homeowners’ association, property manager, property management company, community association, condominium association, or other person or entity seeking contractor services through the THN platform.

“Membership Tier”

“Membership Tier” means the level of participation selected by Contractor and approved by THN, which determines the scope of services, benefits, and fees applicable to Contractor’s participation in the THN platform.

“Platform”

“Platform” means THN’s contractor membership and Customer referral platform, including all websites, mobile applications, software, systems, databases, and related technology operated or controlled by THN.

“Project”

“Project” means any work, services, repairs, renovations, construction, maintenance, or other activities performed or to be performed by Contractor for a Customer, whether or not such Project was referred or facilitated through the THN platform.

“Referral”

“Referral” means any introduction, connection, lead, or opportunity provided by THN to Contractor to perform services for a Customer, including without limitation providing Contractor’s contact information to a Customer or providing Customer contact information to Contractor.

“THN Materials”

“THN Materials” means all materials, content, branding, logos, trade names, trademarks, service marks, forms, templates, software, website content, training materials, coaching materials, proprietary content, educational resources, marketing materials, business systems, methodologies, processes, and other intellectual property owned, licensed, or controlled by THN.

“Vetting Process”

“Vetting Process” means THN’s procedures for evaluating, screening, and approving contractors for participation in the THN platform, as determined by THN in its sole discretion and as may be modified from time to time.

Article II: Nature of the Relationship

THN’s Platform and Limited Role

THN operates a private contractor membership and Customer referral platform designed to connect Customers with independent businesses who have successfully completed THN’s Vetting Process. THN establishes and administers the standards, criteria, and procedures governing contractor participation in the Platform. THN provides membership, referral, marketing, coaching, and related business support services, but is not a contractor, general contractor, construction manager, broker, or provider of construction services and does not supervise, direct, control, or manage Contractor’s business or the performance of any Project. THN does not establish, negotiate or recommend Contractor’s pricing, negotiate contracts, collect payment for Contractor’s services, guarantee payment by Customers, or guarantee the quality, completion, or outcome of any Project.

Contractor’s Direct Relationship with Customer

All agreements, proposals, estimates, contracts, and other arrangements for services are solely between Contractor and the Customer. THN is not a party to any such agreement and assumes no duties or liabilities arising from any agreement between Contractor and a Customer. Contractor is solely responsible for resolving any dispute, claim, warranty issue, or payment dispute arising from Contractor’s services or any agreement with a Customer. THN has no obligation to participate in, mediate, arbitrate, or resolve any such dispute.

Independent Contractor Relationship

Contractor is and shall remain an independently owned and operated business. Nothing in this Agreement creates or shall be construed to create any employment, agency, partnership, joint venture, franchise, fiduciary, or similar relationship between THN and Contractor. Contractor has no authority to bind THN or incur any obligation on THN’s behalf. Contractor retains sole control over its business operations, including its personnel, pricing, estimates, contracts, methods of work, materials, equipment, scheduling, and the decision whether to accept or decline any Referral or Project. Contractor is solely responsible for obtaining and maintaining all licenses, permits, insurance, and regulatory compliance applicable to its business and for all taxes, expenses, and liabilities arising from its operations.

Non-Exclusive Relationship

This Agreement is non-exclusive. Contractor remains free to provide services to other customers and participate in other referral or marketing programs. Likewise, THN may approve, market, and refer other contractors, including contractors offering services similar to those provided by Contractor, and may refer one or more contractors for the same Customer or Project.

Article III: Membership Tiers and Services

Membership Tiers

THN offers multiple Membership Tiers with different benefits, services, and pricing, as set forth on their website, as may be amended from time to time. Upon approval, Contractor will be assigned to the Membership Tier selected by Contractor and approved by THN. THN reserves the right, in its sole discretion, to modify, add, remove, or restructure Membership Tiers at any time. Any such changes shall be effective upon notice to Contractor in accordance with this Agreement.

General Platform Services and Benefits

Subject to the terms of this Agreement and Contractor’s Membership Tier, THN may provide some or all of the following services and benefits to Contractor, in THN’s sole discretion:

• •Listing within the Trusted Home Network contractor directory;
• •Referral opportunities and introductions to Customers seeking contractor services;
• •Access to Customer requests and project inquiries;
• •Online business training and educational resources;
• •Marketing resources and promotional materials;
• •Business coaching and consulting services;
• •Customer communication assistance;
• •Scheduling assistance and administrative support;
• •Networking opportunities with other contractors and industry professionals;
• •Educational events, webinars, and workshops;
• •Business growth resources and best practices guidance;
• •Profile placement, featured listings, and badges on the Platform;
• •Use of THN’s vetted contractor designation and branding; and
• •Such other services and benefits as THN may determine to offer from time to time.

THN’s Discretion Regarding Services

Contractor acknowledges and agrees that:

• •THN has no obligation to provide any particular service or benefit to Contractor. All services and benefits are provided at THN’s sole discretion.
• •The availability, frequency, quality, and scope of services may vary based on Contractor’s Membership Tier, THN’s business needs, Customer demand, Contractor’s performance and standing, and other factors determined by THN.
• •THN reserves the right to modify, suspend, discontinue, or change any service or benefit at any time, with or without notice.
• •THN retains sole and absolute discretion regarding whether to provide Referrals to Contractor, which Customers to refer to Contractor, the number and frequency of Referrals, the manner of presenting Referrals, and all other aspects of the referral process.
• •THN retains sole and absolute discretion regarding Contractor’s profile placement, search rankings, featured listings, badges, and prominence within the Platform.
• •THN retains sole and absolute discretion regarding the provision, scheduling, content, format, and frequency of any coaching or consulting service.

Article IV: Contractor Application, Vetting, and Approval

Application Process

As a condition of participation in the Platform, Contractor must complete THN’s application process and provide all information, documentation, authorizations, and consents reasonably requested by THN. Contractor authorizes THN to obtain, verify, and review information regarding Contractor, its business, owners, principals, employees, subcontractors, and operations from any lawful source.

Vetting Requirements

Contractor must successfully complete THN’s Vetting Process and continue to satisfy THN’s qualification standards throughout the term of this Agreement. The Vetting Process may include verification or review of Contractor’s licenses, insurance, criminal background check, reference checks, Better Business Bureau review, online reputation review, customer complaint review, identity verification, and any other information THN deems appropriate in its sole discretion.

Approval and Membership Determination

THN has the sole and absolute discretion to approve or deny any application, assign or modify a Contractor’s Membership Tier, establish or revise qualification standards, and suspend or terminate a Contractor’s participation in the Platform. THN is not obligated to approve any applicant or provide a reason for any decision.

Continuing Qualification

Contractor’s approval and participation in the Platform are conditioned upon Contractor’s continued compliance with this Agreement and THN’s qualification standards. THN may require Contractor to provide updated information, documentation, or re-verification at any time. Contractor shall promptly comply with such requests and shall ensure that all information previously provided to THN remains accurate, current, and complete. Failure to do so may result in suspension or termination of Contractor’s participation.

Article V: Contractor Representations and Warranties

Organization and Authority

Contractor represents and warrants that, if organized as a legal entity, it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation; that it has full power and authority to enter into and perform this Agreement; that this Agreement constitutes a valid and binding obligation of Contractor; and that the individual executing this Agreement on Contractor’s behalf is duly authorized to do so.

Licensing, Insurance and Legal Compliance

Contractor represents and warrants that it holds and will maintain all licenses, permits, registrations, certifications, insurance, and other qualifications required to conduct its business and perform the services it offers. Contractor shall comply with all applicable federal, state, and local laws, regulations, and professional standards.

Accuracy of Information

Contractor represents and warrants that all information, documents, and materials provided to THN are accurate, complete, and not misleading. Contractor shall promptly update THN regarding any material change affecting such information.

Contractor Content

Contractor represents and warrants that it owns or has the necessary rights to provide Contractor Content to THN and to grant the rights provided under this Agreement. Contractor Content shall not infringe the rights of any third party or violate any applicable law.

Article VI: Membership Obligations

Membership Standards

As a condition of continued participation in the Platform, Contractor shall:

• •Maintain all licenses, permits, registrations, certifications, insurance, and other qualifications required to perform the services offered by Contractor;
• •Perform all services in a professional, safe, and workmanlike manner in compliance with applicable law and industry standards, deal fairly with Customers, and refrain from fraudulent, deceptive, or misleading practices;
• •Maintain accurate, current, and complete business information with THN, including contact information, licensing, insurance, and service offerings;
• •Cooperate with THN in responding to reasonable requests for information relating to Contractor’s participation in the Platform or compliance with this Agreement;
• •Promptly notify THN of any material change affecting Contractor’s business, qualifications, licensing, insurance, ownership, legal or regulatory status, or ability to perform services; and
• •Comply with this Agreement, the THN Code of Conduct and all reasonable membership standards, policies, and operational requirements as made available to Contractor and incorporated herein by reference.

Article VII: Platform Use

Permitted Use

Contractor may use the Platform solely for legitimate business purposes and in accordance with this Agreement and any policies or guidelines established by THN.

Prohibited Conduct

Contractor shall not:

• •Provide false, misleading, or inaccurate information to THN or any Customer;
• •Engage in fraudulent, deceptive, unlawful, or unethical business practices;
• •Misrepresent Contractor’s qualifications, licensing, insurance, experience, or services;
• •Misuse or improperly disclose Customer information, Confidential Information, or other non-public information obtained through the Platform;
• •Interfere with the security, integrity, or operation of the Platform, including by introducing malicious code, using unauthorized automated tools, attempting unauthorized access, or reverse engineering the Platform;
• •Infringe the intellectual property or other rights of THN or any third party; or
• •Use the Platform for any unlawful purpose or in any manner that materially interferes with THN’s operations or the use of the Platform by others.

Enforcement

THN may investigate suspected violations of this Agreement and, in its sole discretion, remove or modify Contractor Content, suspend or restrict Contractor’s access to the Platform, terminate Contractor’s Membership or this Agreement, or take any other action permitted by this Agreement or applicable law.

Article VIII: Payment Terms

Membership Fees

Contractor agrees to pay THN the monthly membership fee associated with Contractor’s selected Membership Tier (the “Membership Fee”) as set forth on the website, which may be amended from time to time.

Payment Terms

Membership Fees are due monthly in advance and will be automatically charged to the payment method designated by Contractor unless this Agreement is terminated in accordance with its terms. Contractor authorizes THN to automatically charge all Membership Fees to Contractor’s designated payment method and agrees to maintain a valid payment method on file at all times.

Failed Payments

If any payment cannot be processed, Contractor shall promptly provide a valid payment method. THN may retry the payment and may suspend or terminate Contractor’s Membership or access to the Platform until all outstanding amounts have been paid.

Fee Changes

THN may modify Membership Fees or pricing for any Membership Tier upon at least thirty (30) days’ prior notice to Contractor. Any revised Membership Fee will become effective on Contractor’s next billing cycle following the notice period. Contractor’s continued participation in the Platform after the effective date constitutes acceptance of the revised Membership Fee.

No Refunds

Membership Fees are non-refundable except as required by applicable law.

Article IX: Confidentiality

Confidentiality

Contractor acknowledges that, in connection with this Agreement, Contractor may receive or have access to Confidential Information. Contractor shall hold all Confidential Information in strict confidence and shall use such Confidential Information solely as necessary to perform Contractor’s obligations under this Agreement. Contractor shall protect the confidentiality of the Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Contractor shall promptly notify THN of any unauthorized use or disclosure of Confidential Information of which Contractor becomes aware.

Exceptions

The obligations in this Article do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was lawfully known to Contractor before its disclosure by THN; (c) is lawfully received from a third party without restriction on disclosure; or (d) is independently developed by Contractor without use of THN’s Confidential Information.

Required Disclosure

If Contractor is required by law or court order to disclose Confidential Information, Contractor shall, to the extent legally permitted, promptly notify THN and cooperate with THN in seeking appropriate protective relief. Contractor shall disclose only that portion of the Confidential Information legally required to be disclosed.

Survival

The obligations under this Article shall survive termination of this Agreement for three (3) years; provided, however, that obligations relating to trade secrets shall survive for so long as such information remains protected as a trade secret under applicable law.

Article X: Intellectual Property

Ownership

THN owns and retains all right, title, and interest in and to the Platform, THN Materials, and all associated intellectual property and proprietary rights. Except for the limited license expressly granted in this Agreement, nothing in this Agreement transfers or grants Contractor any ownership or other proprietary interest in any THN intellectual property or THN Materials.

Limited License

During the term of this Agreement and while Contractor remains an active Member in good standing, THN grants Contractor a limited, non-exclusive, non-transferable, and revocable license to use the THN name, logo, and the designation “Trusted Home Network Vetted Contractor” solely in connection with promoting Contractor’s participation in the Platform and in accordance with this Agreement.

Restrictions

Contractor shall not:

• •Alter or modify the THN name, logo, trademarks, or other branding;
• •Suggest any ownership of, partnership with, or endorsement by THN beyond Contractor’s status as an active Member in good standing;
• •Use the THN name, logo, trademarks, or the designation “Trusted Home Network Vetted Contractor” after Contractor’s Membership or this Agreement terminates; or
• •Use THN’s intellectual property in any manner that violates this Agreement or applicable law.

License to THN

Contractor grants THN a non-exclusive, royalty-free license during the term of this Agreement to use Contractor’s name, logo, trademarks, business information, photographs, Contractor Content, testimonials, reviews, and other materials provided by Contractor for the purpose of operating, promoting, and marketing the Platform and Contractor’s participation in the Platform. THN may edit, crop, resize, reformat, or otherwise make reasonable modifications to such materials for formatting, display, marketing, or promotional purposes, provided such modifications do not materially alter the substance or meaning of the content. Contractor represents and warrants that it owns or has obtained all rights necessary to grant this license.

Article XI: No Guarantees

No Guarantee of Referrals or Business Results

Contractor acknowledges and agrees that THN makes no representations, warranties, or guarantees regarding the number or frequency of referrals, Customer inquiries, project opportunities, contracts, sales, revenue, profits, business growth, return on investment, or any other business or financial results resulting from participation in the Platform.

Factors Affecting Success

Contractor acknowledges that success in generating business through the Platform depends upon numerous factors outside THN’s control, including Contractor’s qualifications, experience, pricing, availability, responsiveness, customer service, quality of work, customer satisfaction, market conditions, competition, and Contractor’s implementation of any coaching, training, educational resources, or business guidance provided by THN. Contractor acknowledges that such coaching, training, educational resources, and business guidance are provided for informational purposes only and do not guarantee any particular business or financial outcome.

THN’s Discretion

THN retains sole discretion regarding the operation of the Platform and referral process, including Contractor approval, Membership status, profile presentation, search results, referrals, and other operational decisions.

Article XII: Indemnification

Contractor’s Indemnification

Contractor shall defend, indemnify, and hold harmless THN and its owners, members, managers, officers, directors, employees, affiliates, agents, representatives, successors, and assigns (collectively, the “THN Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, damages, liabilities, losses, judgments, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:

• •Contractor’s performance of work or services, including the acts or omissions of Contractor or Contractor’s owners, employees, agents, or subcontractors;
• •Personal injury, death, or damage to property arising from Contractor’s work;
• •Any defect, deficiency, or non-conformity in Contractor’s work;
• •Any breach by Contractor of a contract with a Customer or of any express or implied warranty relating to Contractor’s work;
• •Contractor’s negligence, misconduct, or violation of any applicable law, regulation, code, or licensing requirement;
• •Any third-party claim alleging that Contractor is an employee, agent, partner, joint venturer, or franchisee of THN;
• •Any third-party claim that Contractor Content or other materials provided by Contractor infringe the intellectual property or other rights of any third party; or
• •Any third-party claim arising out of Contractor’s use of the Platform or Contractor’s violation of this Agreement.

Defense and Cooperation

Contractor shall defend any claim subject to this Article with counsel reasonably acceptable to THN. THN shall reasonably cooperate in the defense of such claim at Contractor’s expense and may participate in the defense through counsel of its own choosing at its own expense.

Settlement

Contractor shall not settle any claim subject to this Article in a manner that imposes any liability or obligation on any THN Indemnified Party without THN’s prior written consent, which shall not be unreasonably withheld.

Survival

Contractor’s obligations under this Article shall survive the termination or expiration of this Agreement.

Article XIII: Disclaimer of Warranties

Disclaimer of Warranties by THN

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THN’S SERVICES, THE THN MATERIALS, AND ALL INFORMATION, CONTENT, COACHING, TRAINING, EDUCATIONAL RESOURCES, REFERRALS, AND OTHER MATERIALS PROVIDED BY THN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

No Additional Warranties

Without limiting the foregoing, THN does not warrant or guarantee that:

• •the Platform will be uninterrupted, secure, error-free, or continuously available;
• •any information, referrals, Customer inquiries, coaching, training, educational resources, or other materials provided through the Platform will be accurate, complete, current, or suitable for Contractor’s particular business;
• •participation in the Platform will result in referrals, contracts, projects, revenue, profits, business growth, or any other business or financial outcome; or
• •any Customer is creditworthy, financially capable, reliable, or will enter into or perform a contract or pay for Contractor’s services, or that any Project or opportunity presented through the Platform will be suitable, profitable, or result in a completed transaction.

Assumption of Business Risk

Contractor acknowledges that Contractor is solely responsible for evaluating Customers, Projects, pricing, contracts, and other business decisions, and assumes all risks associated with Contractor’s participation in the Platform.

Applicable Law

Nothing in this Agreement excludes or limits any warranty or other right that cannot be disclaimed or limited under Florida law.

Article XIV: Limitation of Liability

Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation on Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THN’S TOTAL CUMULATIVE LIABILITY TO CONTRACTOR FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, THN SERVICES, OR CONTRACTOR’S PARTICIPATION IN THE THN PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEES ACTUALLY PAID BY CONTRACTOR TO THN DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Allocation of Risk

Contractor acknowledges and agrees that the limitations of liability set forth in this Article XIV are a fundamental element of the basis of the bargain between THN and Contractor and reflect a reasonable allocation of risk. The Membership Fees charged by THN reflect this allocation of risk and the limitations of liability specified herein. THN would not enter into this Agreement without these limitations on its liability.

Independent Provisions

Each provision of this Article XIV is severable and independent. If any provision is held unenforceable, all other provisions shall remain in full force and effect to the fullest extent permitted by law.

Article XV: Suspension and Termination

Suspension by THN

THN may, at any time and in its sole discretion, with or without notice, suspend Contractor’s access to the Platform, Contractor’s profile, Contractor’s receipt of Referrals, or any other services provided by THN.

Effect of Suspension

During any period of suspension:

• •Contractor shall have no access to the Platform or any THN services;
• •Contractor’s profile shall not be displayed to Customers;
• •Contractor shall receive no Referrals;
• •Contractor may not use THN’s name, logo, or “Trusted Home Network Vetted Contractor” designation;
• •Membership Fees shall continue to accrue and remain due and payable unless THN determines otherwise in its sole discretion; and
• •Contractor shall remain subject to all other obligations under this Agreement, including confidentiality, indemnification, and independent contractor provisions.

Termination by Contractor

Contractor may terminate this Agreement at any time by providing written notice to THN. Such termination shall be effective on the last day of the then-current billing period. Contractor remains responsible for all Membership Fees due through the last day of the billing period and no refund, credit, or prorated reimbursement shall be provided for any unused portion of the billing period.

Termination by THN

THN may suspend or terminate this Agreement immediately, with or without notice, in its sole discretion. Contractor shall remain responsible for all Membership Fees due through the last day of the billing period in which the termination occurs. Membership Fees are non-refundable, and Contractor shall not be entitled to any refund, credit, or prorated reimbursement for any unused portion of the billing period, except as required by applicable law.

Effect of Termination

Upon the effective date of termination of this Agreement, whether such termination is initiated by Contractor or THN:

• •Contractor’s right to access and use the Platform and THN’s services shall immediately terminate.
• •All licenses granted to Contractor under this Agreement shall terminate, and Contractor shall cease using THN’s name, logos, trademarks, service marks, and the “Trusted Home Network Vetted Contractor” designation.
• •Contractor shall promptly remove all references to THN from its website, advertising, marketing materials, and other public-facing materials.
• •Upon request, Contractor shall return or destroy THN’s Confidential Information and other THN Materials in Contractor’s possession or control.
• •THN may remove Contractor’s profile and Contractor Content from the Platform.

No Liability for Suspension or Termination

Contractor acknowledges and agrees that THN shall not be liable to Contractor for any damages, losses, costs, or expenses arising from or related to suspension or termination of this Agreement or Contractor’s participation in the THN platform, including without limitation lost profits, lost business opportunities, harm to reputation or other consequential damages.

Survival

Any provision of this Agreement that by its nature is intended to survive termination shall survive, including provisions relating to payment obligations, confidentiality, intellectual property, licenses granted to THN, indemnification, disclaimers of warranties, limitations of liability, dispute resolution, and any other rights or obligations that are intended to survive termination.

Article XVI: Dispute Resolution and Governing Law

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Pre-Dispute Resolution

Before initiating arbitration or litigation, the parties shall first attempt in good faith to resolve the dispute through informal negotiations. Either party may provide written notice describing the dispute. If the dispute is not resolved within thirty (30) days after such notice, either party may proceed with arbitration or other available remedies under this Agreement.

Dispute Resolution and Mandatory Arbitration

The parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be settled exclusively by binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Class Action and Jury Trial Waiver

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY. Further, unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Venue and Jurisdiction

Any action relating to the enforcement of the arbitration agreement or confirmation, modification, or vacatur of an arbitration award shall be brought exclusively in the state or federal courts located in Manatee County, Florida.

Attorneys’ Fees

In any arbitration or legal proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the fullest extent permitted by applicable law.

Article XVII: General Provisions

Entire Agreement

This Agreement constitutes the entire agreement between Contractor and THN regarding Contractor’s use of the Platform and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall, to the fullest extent permitted by applicable law, be reformed only to the extent necessary to make it valid and enforceable while preserving the parties’ original intent.

No Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is asserted. No failure or delay in exercising any right under this Agreement shall constitute a waiver of that right.

Assignment

Contractor may not assign this Agreement or any rights or obligations under this Agreement without THN’s prior written consent. THN may assign this Agreement without Contractor’s consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

Amendments

THN may modify this Agreement at any time by providing thirty (30) days’ notice to Contractor, including by posting the revised Agreement on the Platform or by email. Contractor’s continued participation in the Platform following the effective date of any modification constitutes acceptance of the revised Agreement. Contractor’s sole remedy if Contractor does not agree to the modification is to terminate this Agreement in accordance with its terms.

Notices

Notices to Contractor may be sent to the email or mailing address most recently provided by Contractor or through the Platform. Notices to THN shall be sent to:

Trusted Home Network LLC

3412 Little Country Road

Parrish, FL 34219

concierge@mytrustedhomenetwork.com

Headings

The headings and captions in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Article XVIII: Clickwrap and Electronic Acknowledgments

Electronic Acceptance

Contractor acknowledges and agrees that by clicking “I Agree,” “I Accept,” or a similar button or checkbox, typing Contractor’s name in a signature field, or otherwise electronically accepting this Agreement or accessing or using the Platform where acceptance is indicated by Contractor’s conduct, Contractor is entering into a legally binding agreement with THN. Such electronic acceptance shall have the same legal force and effect as a handwritten signature.

Acknowledgement

By electronically accepting this Agreement, Contractor acknowledges that Contractor has:

• •reviewed or had the opportunity to review this Agreement before accepting it;
• •had the opportunity to print, download, or retain a copy of this Agreement;
• •had the opportunity to consult with legal counsel of Contractor’s choosing; and
• •voluntarily agrees to be bound by this Agreement.

Authority

If Contractor is an individual, Contractor represents that Contractor has the legal capacity to enter into this Agreement. If Contractor is a business entity, the individual accepting this Agreement represents and warrants that he or she has full authority to bind Contractor to this Agreement.

Electronic Records and Communications

Contractor consents to receive notices, disclosures, and other communications electronically, including by email or through the Platform. Contractor agrees that electronic communications satisfy any legal requirement that such communications be in writing. Contractor further agrees that THN may maintain electronic records of Contractor’s acceptance of this Agreement, including the date and time of acceptance and other electronic authentication information, which shall be admissible as evidence of Contractor’s acceptance.

Definitions

To keep this Agreement easy to read, the following terms have the meanings below:

Claim means any demand, dispute, lawsuit, arbitration, legal proceeding, liability, loss, damage, judgment, settlement, penalty, fine, expense, or attorneys’ fees arising out of or related to the use of the THN Platform or services.

Contractor means any independent contractor, tradesperson, subcontractor, service company, or other business listed, referred, or made available through the THN Platform.

Platform means the Trusted Home Network website, mobile application, software, communications, and any related services, features, or content provided by THN.

Understanding THN’s Role

Our Purpose

Trusted Home Network exists to help connect homeowners, community associations, and property managers with qualified independent contractors.

Our goal is to make the contractor selection process easier by providing access to contractors who have completed THN’s qualification process.

What THN Does

THN provides a technology platform and related services that help Associations:

• •Access THN’s network of qualified contractors
• •Share contractor resources with homeowners and residents
• •Identify contractors for Association projects
• •Improve communication between Associations and contractors

What THN Does Not Do

While THN works hard to connect Associations with quality contractors, it is important to understand what our role is—and what it is not.

THN is not:

• •A contractor
• •A general contractor
• •A subcontractor
• •A construction manager
• •A property manager
• •An engineering or architectural firm
• •A legal advisor

A provider of construction, repair, remodeling, landscaping, maintenance, inspection, or other home improvement services

THN does not supervise, direct, inspect, or control the work performed by any Contractor.

Independent Contractors

Every Contractor listed on the THN Platform operates as an independent business.

Contractors are not employees, agents, partners, representatives, or joint venturers of THN.

Each Contractor is solely responsible for:

• •Its own employees
• •Its work
• •Safety practices
• •Business operations
• •Licensing
• •Insurance
• •Compliance with applicable laws
• •Contracts entered into with Associations or homeowners

THN does not assume responsibility for the acts or omissions of any independent Contractor.

No Professional Advice

Although THN provides information intended to help Associations identify qualified contractors, THN does not provide:

• •Legal advice
• •Engineering advice
• •Architectural advice
• •Procurement consulting
• •Fiduciary services
• •Governance advice
• •Property management services

Nothing on the Platform should be considered a substitute for your Association’s own professional advisors or independent judgment.

Resident Access

Your Association may choose to introduce or make the THN Platform available to homeowners or residents in any manner it considers appropriate.

If a homeowner or resident chooses to use THN independently, that individual will be required to accept THN’s separate Homeowner Terms of Use.

This Agreement applies only to the Association and does not create a separate contractual relationship between THN and individual residents.

THN’s Contractor Qualification Process

One of the primary services THN provides is maintaining a network of contractors that have completed THN’s qualification process.

Our goal is to help Associations identify contractors who demonstrate professionalism and a commitment to serving homeowners well.

As part of this process, THN may review information such as:

• •State licensing
• •Business insurance
• •Criminal background information
• •Customer reviews
• •Business reputation
• •References
• •Years in business
• •Other information THN considers appropriate

THN may also provide participating contractors with business coaching, educational resources, customer service training, and other professional development opportunities designed to help them better serve homeowners and communities.

Annual Qualification

Contractor qualifications are generally reviewed on an annual basis.

Because licensing, insurance, ownership, financial condition, legal compliance, and other business information can change over time, THN does not continuously monitor contractors between qualification periods.

No Guarantee

Although THN makes a good-faith effort to qualify contractors, participation in the THN network should not be interpreted as a guarantee or warranty of future performance.

A contractor’s participation in THN does not guarantee:

• •Quality of workmanship
• •Future business practices
• •Financial stability
• •Continued licensing
• •Continued insurance coverage
• •Legal compliance
• •Project success
• •Safety practices
• •Suitability for a particular project

Associations should continue to exercise their own independent judgment before hiring any contractor.

Changes to the Qualification Process

As THN continues to improve its services, we may modify or enhance our contractor qualification standards and review process from time to time.

Those changes are intended to improve the overall quality of the THN network and may be made at THN’s discretion.

Association Responsibilities

Trusted Home Network provides valuable information and resources, but the final decision to hire a contractor always belongs to the Association.

Accordingly, the Association agrees that it is solely responsible for evaluating, selecting, hiring, and supervising any Contractor engaged for Association projects.

Before entering into an agreement with a Contractor, the Association should exercise reasonable independent judgment, including:

• •Confirming current licensing and insurance
• •Reviewing qualifications and experience
• •Evaluating references and prior work
• •Obtaining any required permits or approvals
• •Reviewing proposed contracts carefully before signing

Contracts Between the Association and Contractor

Any agreement for services is solely between the Association and the Contractor.

THN is not a party to those contracts and assumes no responsibility for:

• •Contract negotiations
• •Project management
• •Payment terms
• •Change orders
• •Warranties
• •Completion of work
• •Disputes between the Association and the Contractor

Information Provided by THN

Information available through the THN Platform is provided as a resource to assist Associations in making informed decisions.

While THN strives to provide accurate and helpful information, the Association understands that such information should not replace its own due diligence or professional judgment when selecting a Contractor.

Assumption of Risk

Using Trusted Home Network and hiring independent contractors are voluntary decisions made by the Association.

The Association understands that maintenance, repair, renovation, construction, landscaping, and other property improvement projects naturally involve risks. Those risks may include, but are not limited to:

• •Property damage
• •Personal injury or death
• •Financial loss
• •Project delays
• •Defective workmanship or materials
• •Code violations

Contractor insolvency or business closure

Fraud, theft, or other unlawful conduct by a contractor or its representatives

Disputes regarding contracts, payments, warranties, or project completion

The Association also understands that information regarding a Contractor—including licensing, insurance, references, reviews, or qualifications—may change after THN has completed its qualification review.

By using the THN Platform, the Association acknowledges these risks and accepts responsibility for making its own decisions regarding the selection and hiring of Contractors.

Release and Limitation of Responsibility

THN’s role is to provide a contractor qualification platform—not to perform, supervise, or guarantee construction or property improvement services.

To the fullest extent permitted by Florida law, the Association agrees that THN will not be responsible for Claims arising from:

The Association’s use of the THN Platform.

The selection or hiring of any Contractor.

The actions or omissions of any Contractor.

The quality, timing, or results of work performed by a Contractor.

Information provided through THN regarding Contractors, including qualification reviews, matching services, or related resources.

The Association further agrees not to bring legal claims against THN based upon the ordinary negligence of THN in connection with these services.

This release does not apply to Claims arising from THN’s gross negligence, intentional misconduct, or any liability that cannot legally be waived under Florida law.

Nothing in this Agreement is intended to limit rights that cannot legally be limited under applicable law.

Indemnification

To the fullest extent permitted by Florida law, the Association agrees to defend, indemnify, and hold harmless THN, its owners, members, managers, employees, affiliates, agents, successors, and assigns from Claims, damages, expenses, or reasonable attorneys’ fees arising from:

The Association’s use of the Platform.

The Association’s agreements or disputes with Contractors.

The Association’s violation of this Agreement.

The Association’s violation of applicable law.

Information or materials submitted by the Association through the Platform.

The Association’s negligence, gross negligence, or intentional misconduct.

If a matter arises for which indemnification applies, THN may assume control of its legal defense, and the Association agrees to cooperate as reasonably requested.

Platform Disclaimer

The THN Platform is provided to assist Associations in identifying qualified independent contractors.

The Platform and all related services are provided “as is” and “as available.”

Although THN makes reasonable efforts to maintain accurate information, THN cannot guarantee that all information displayed on the Platform will always be complete, accurate, current, or available.

No Warranty Regarding Contractors

THN does not guarantee or warrant:

The quality of any Contractor’s work.

A Contractor’s honesty or reliability.

Continued licensing or insurance.

Future legal compliance.

Financial stability.

Safety practices.

Project outcomes.

Suitability for any specific project.

Even after completing THN’s qualification process, Contractors remain independent businesses whose operations may change over time.

For that reason, Associations should continue to perform their own reasonable due diligence before entering into any agreement.

Limitation of Liability

To the fullest extent permitted by Florida law, THN will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of the Platform or from services provided by independent Contractors.

Examples include, but are not limited to:

• •Lost profits
• •Business interruption
• •Loss of data
• •Loss of use
• •Lost opportunities
• •Other consequential damages

This limitation applies regardless of the legal theory asserted, including contract, negligence, tort, strict liability, or otherwise.

Maximum Liability

Except where prohibited by law, and except for Claims involving THN’s gross negligence or intentional misconduct, THN’s total liability for any Claim arising under this Agreement shall not exceed Five Hundred Dollars ($500.00).

Why These Limitations Exist

The THN Platform is designed to introduce Associations to independent Contractors—not to replace the Association’s own decision-making or oversight.

Accordingly, these limitations are intended to fairly allocate responsibility between THN, the Association, and the independent Contractor actually performing the work.

Governing Law & Dispute Resolution

Governing Law

This Agreement shall be governed by and interpreted under the laws of the State of Florida, without regard to its conflict of law principles.

Resolving Disputes

If a dispute arises between the Association and THN relating to this Agreement or the use of the THN Platform, both parties agree to make a good-faith effort to resolve the matter informally before pursuing legal action.

If the dispute cannot be resolved, it will be resolved through binding arbitration, as permitted by applicable law.

Arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules then in effect, and the Federal Arbitration Act shall govern the interpretation and enforcement of this provision.

Individual Claims Only

To the fullest extent permitted by law, both the Association and THN agree that any claim will be brought only in each party’s individual capacity.

Neither party may participate in a class action, collective action, or representative proceeding unless otherwise required by law.

Jury Trial Waiver

Because disputes will generally be resolved through arbitration, both parties knowingly waive the right to a trial by jury for claims covered by this Agreement.

Venue

Any court proceeding relating to the enforcement of the arbitration agreement or the confirmation, modification, or enforcement of an arbitration award shall be brought exclusively in Sarasota County, Florida.

Attorneys’ Fees

In any arbitration or legal proceeding arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by applicable law.

General Terms

Entire Agreement

This Agreement represents the complete understanding between THN and the Association regarding the use of the THN Platform and supersedes all prior discussions, understandings, or agreements relating to its subject matter.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

If necessary, a court or arbitrator may modify an unenforceable provision only to the extent required to make it enforceable while preserving its original intent.

No Waiver

If THN chooses not to enforce any provision of this Agreement on one occasion, that decision does not waive THN’s right to enforce the same provision in the future.

Any waiver must be in writing and signed by an authorized representative of THN.

Assignment

The Association may not assign or transfer this Agreement without THN’s prior written consent.

THN may assign this Agreement in connection with a merger, acquisition, sale of assets, corporate reorganization, or similar business transaction.

Updates to These Terms

THN may update these Terms from time to time to reflect changes in the law, the Platform, or our services.

Updated Terms will be posted on the Platform, and continued use of the Platform after those updates become effective constitutes acceptance of the revised Terms.

Notices

Official notices to THN shall be sent to the contact information provided on the THN Platform.

THN may provide notices to the Association by email, through the Platform, or by any other method permitted by applicable law.

Electronic Acceptance

This Agreement may be accepted electronically.

By clicking “I Agree,” creating an account, or otherwise using the THN Platform where acceptance is requested, the Association agrees that its electronic acceptance has the same legal force and effect as a handwritten signature.

Independent Relationship

Nothing in this Agreement creates an employment relationship, partnership, joint venture, agency, fiduciary relationship, franchise, or other legal relationship between THN and the Association.

THN acts solely as an independent provider of the Platform and related services.

Survival

Any provisions that by their nature are intended to survive termination of this Agreement—including those relating to releases, limitations of liability, indemnification, dispute resolution, and governing law—shall remain in effect after this Agreement ends.

Acknowledgement & Acceptance

By clicking “I Agree,” the person accepting this Agreement represents and warrants that:

• •They have read and understood this Agreement
• •They have the authority to accept this Agreement on behalf of the Association
• •They understand THN’s role as a contractor qualification and referral platform

They understand that THN is not responsible for the work performed by independent Contractors.

They understand that this Agreement includes limitations of liability, a release of certain legal claims, and dispute resolution provisions.

They understand that these limitations do not apply to THN’s gross negligence or intentional misconduct where prohibited by law.

They are voluntarily entering into this Agreement on behalf of the Association.

Electronic Acceptance

By selecting the checkbox below, I acknowledge that I have read, understood, and agree to these Terms of Use and Liability Waiver.

My electronic acceptance is intended to have the same legal force and effect as my handwritten signature.

• •I have read and agree to the Trusted Home Network HOA & Property Management Terms of Use and Liability Waiver.
• •I represent that I have authority to accept this Agreement on behalf of the Association or Property Management Company.

Authorized Representative: ___________________________________________________

Association / Property Management Company: ___________________________________________________

Printed Name: ___________________________________________________

Title: ___________________________________________________

Email Address: ___________________________________________________

Date: ___________________________________________________