Houzz is the leading platform for home remodeling and design, providing an all-in-one software solution for industry professionals and tools for homeowners to update their homes from start to finish. Using Houzz, people can find ideas and inspiration, hire professionals, and shop for products. As part of the Houzz Platform, Houzz Pro provides home industry professionals with a business management and marketing SaaS solution that helps them to win projects, collaborate with clients and teams, and run their business efficiently and profitably.
We refer to the e-commerce marketplace on the Houzz Platform as the "Houzz Shop." If you visit or make a purchase or sale through the Houzz Shop via www.houzz.com or the related mobile app experience, then this Agreement is also between you and Houzz Shop LLC. Houzz Inc., Houzz Shop LLC and/or Houzz Shop International LLC, are collectively referred to as "Houzz," "we," or "us" in this Agreement.
These Terms provide important information to you, including your agreement under Section 10 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 10 below. The Terms also cover your agreement to grant us rights to Your Content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
1. Which Terms Apply to You
We encourage you to review these Terms carefully. By accessing or using the Houzz Platform in any way, including browsing www.houzz.com or related websites, you are agreeing to these Terms. Other agreements and policies listed below also apply to your use of the Houzz Platform. If you do not agree to any of the agreements and policies, you cannot use the Houzz Platform.
The following agreements and policies apply to all users of the Houzz Platform:
- Acceptable Use Policy: When using the Houzz Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
- Copyright & Trademark Policy: This Policy outlines Houzz’s policy for responding to and dealing with intellectual property complaints for the Houzz Platform. Users who upload, submit, or provide material to or on the Houzz Platform are subject to the terms of the Copyright & Trademark Policy.
The following agreements and policies also apply to you based on your individual use of the Houzz Platform:
- Houzz Pro Terms & Conditions: If you have a professional account or use the Houzz Platform as a professional or business, your professional profile and use of Houzz Pro is also governed by the Houzz Pro Terms & Conditions.
- Houzz Shop Policies: Customers, merchants, and/or other third parties that purchase or sell goods on Houzz Shop are also subject to Houzz’s Terms of Sale, Prohibited Products Policy, Return Policy, Seller Agreement, and/or Vendor Agreement. Professionals who use the Houzz Trade Program or Business Program are also subject to the Houzz Trade Program and Business Program Terms & Conditions.
- Policies from Third-Party Service Providers & Partners: Houzz may partner with other third party service providers (e.g., for financing options for purchases on Houzz Shop) and/or integrate with products and services provided by third parties with their own agreements and policies. Houzz is not a party to your agreement or terms with that third party. For example, if you access the Houzz mobile application, you may also be subject to separate agreements and policies from Apple Inc. or Google Inc.
2. Using the Houzz Platform.
- Who can use it. Anyone over 18! Use of the Houzz Platform by anyone under 18 years of age is strictly prohibited. Additional requirements for use of Houzz Pro may apply as set forth in the Houzz Pro Terms and Conditions.
- Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Houzz Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Houzz policy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Houzz Platform or termination from an individual Houzz program, such as Houzz Pro, certain provisions will survive termination, as detailed in Section 12(j).
3. Your Content.
- Definition of Your Content. The Houzz Platform enables you to post, upload, or otherwise submit materials, including without limitation photos, reviews, feedback (as explained below), profile pictures, ideabooks, messages, comments, proposals, invoices, to-do lists, notes, schedules, change orders, time and expense tracking, Room Boards and/or tear sheets. You may also post reviews of professionals, third-party service providers, third-party products, merchants, or third-party services. All materials that you post on the Houzz Platform or otherwise provide to Houzz will be referred to collectively as "Your Content."
- License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable Houzz program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
- Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to Houzz product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Houzz Business Purposes. "Houzz Business Purposes" means any use in connection with a Houzz-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Houzz Platform, the services or the information it contains, Houzz, or its affiliates. Houzz Business Purpose specifically includes the use of Your Content on the Houzz Platform in connection with features and functions offered by Houzz to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
- Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the Houzz Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate Houzz's Acceptable Use Policy, Houzz Pro Terms and Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content.
- Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy,Copyright and Trademark Policy, Houzz Pro Terms and Conditions, Prohibited Products Policy, or Review Policy) without notice. We do not guarantee that we will publish or remove all of Your Content.
- Feedback and Reviews: We welcome your feedback and suggestions about how to improve the Houzz Platform. Feel free to submit feedback at https://help.houzz.com. All reviews provided for products, professionals, or other third parties via the Houzz Platform are also subject to Houzz’s Review Policy. For the avoidance of doubt, reviews and feedback are also Your Content. By submitting feedback or reviews in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you, as further described in Section 3(b).
4. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the Houzz Platform (specifically including, but not limited to, our software, the Houzz marks, the Houzz logo, and Houzz buttons, badges, and widgets, but excluding Your Content), is the property of Houzz Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
- Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Houzz's permission to you for your use of the Houzz Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Houzz Platform. You may view and print a reasonable number of copies of web pages located on the Houzz Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Houzz.
- Ownership. You acknowledge and agree that the Houzz Platform and Houzz marks will remain the property of Houzz. The content, information and services made available on the Houzz Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Houzz Platform.
5. Reporting Violations of Your Intellectual Property Rights, Houzz Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property rights or other violations of Houzz policies or applicable laws.
- Reporting Violations of Your Intellectual Property Rights. We have adopted and implemented a Copyright and Trademark Policy to address intellectual property rights. For more information, including detailed information about how to submit a request for a takedown if you believe content on the Houzz Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
- Reporting of Other Violations. If you believe content on the Houzz Platform violates Houzz's Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark).
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law. Houzz may disclose communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
6. Payments and Other Offerings on the Houzz Platform.
- Purchase of Goods through the Houzz Shop. Houzz Shop LLC and third-party sellers offer home goods, furniture, and other products for sale on the Houzz Platform. If you purchase products on the Houzz Platform, your purchase is subject to the Houzz Shop Terms of Sale. The availability of products sold by third-parties on the Houzz Platform does not imply our endorsement or verification of the products or their descriptions.
- Payment Method. Houzz has the right to store certain information about your payment methods. You must promptly update your payment method and related information (for example, a change in your billing address or credit card expiration date) to maintain its accuracy and completeness. We may update the information and continue billing your payment method (e.g., credit card) even after it has expired or been updated, to fulfill transactions you authorize.
- Late Fees. If we are unable to collect amounts owed by you, we may limit your use of the Pro Services. You agree that we may collect those amounts owed using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. In the event that Houzz brings any action or suit to collect any amounts owed, Houzz will be entitled to recover its costs, including reasonable attorneys' fees incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.
- Outstanding Balances. For any amounts owed to Houzz by you, including for any chargebacks, refunds, return allowances, non-compliance fees (collectively, "Outstanding Balances"), Houzz may (a) charge any credit card we have on file for you in the amount of any Outstanding Balances or (b) submit an invoice to you for any Outstanding Balances.
- Invoice Payments. If you use the Houzz Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law.
- Credit Card Disputes. If you are involved in a credit card dispute involving a payment made through or in connection with the Houzz Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.
- Plant and Seed Exchange. You may be offered the ability to exchange plants or seeds with other users in the exchange forums. Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges.
- Promotional Discounts, Coupons, & Offers. From time to time, Houzz may offer promotional coupons for use on Houzz Shop. Promotional coupons may be valid for a limited time only and expire on the date indicated. For more information, please see Houzz Coupon Codes.
- Visual Tools. Houzz may provide a wide variety of “Visual Tools” or software features that help you graphically or digitally represent ideas, conceptual relationships, or drawings. Some of these Visual Tools include: 3D Ruler Tool, Mood Boards, Room Planner, 3D Floor Planner, dimensional information, and Room Scanning or other LiDAR technologies. Keep in mind that the Visual Tools are intended only to assist you and are not a substitute for your professional judgment, independent design, analysis, simulation, estimation, testing or other activities, including those with respect to safety and utility. Houzz will not be responsible or liable in any manner whatsoever for use of the Visual Tools, including the accuracy of measurements or any personal injury or damage to property. To reduce the risk of injury, only use the tools as intended, in a safe and controlled manner. Always be aware of your surroundings before beginning use and while using the Visual Tools. Use caution to avoid injury. Serious injuries can occur from tripping or striking walls, furniture, other objects or people. Houzz recommends clearing an area for safe use before using the Visual Tools. Remember that the objects you see in the virtual environment do not exist in the real world, and you should not attempt to sit or stand on them or use them for support. Take special care to ensure that you are not near other people, objects, stairs or steps, ramps, sidewalk(s), balconies, open doorways, windows, furniture, open flames (like candles or fireplaces), ceiling fans or light fixtures, televisions or monitors, or other items that you may impact or strike when using—or immediately after using—the Visual Tools. Remember that while using the Visual Tools you may be unaware that people and pets may enter your immediate area. Never use the Visual Tools in situations that require attention, such as walking, bicycling, or driving.
7. Third Party Content, Services & Providers.
- Third-Party Content. The Houzz Platform enables access to third-party content, products, and services, such as access to services from professionals, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Houzz does not conduct background checks or otherwise vet the professionals listed on the Houzz Platform. Participation or availability on the Houzz Platform does not amount to endorsement or verification by us, and Houzz does not endorse or recommend the products, services, or other offerings by any professional, merchants, or other third party featured on the Houzz Platform, including leads provided through Project Match or Select Match. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Houzz Platform by anyone.
- Third-Party Services. You may be provided the opportunity on the Houzz Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by professionals registered with Professional Profiles on the Houzz Platform. The availability of any Third-Party Services on the Houzz Platform does not imply our endorsement of the Third-Party Services.
8. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HOUZZ ENTITIES TO YOU.
THE "HOUZZ ENTITIES" MEANS HOUZZ INC., HOUZZ SHOP LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE HOUZZ PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HOUZZ ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE HOUZZ ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE HOUZZ PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE; AND (vi) USE OF THE HOUZZ TOOLS (INCLUDING VISUAL TOOLS), INCLUDING THEIR ACCURACY, COMPLETENESS, RELIABILITY, AND RESULTS.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOUZZ ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE HOUZZ ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE HOUZZ ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE HOUZZ PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO HOUZZ IN CONNECTION WITH THE HOUZZ PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE HOUZZ PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the Houzz Entities and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Houzz Platform, including Your Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your use of and your activities in connection with the Houzz Platform or other websites to which the Houzz Platform is linked; and/or (d) your negligent or willful misconduct.
10. Dispute Resolution & Governing Law.
Exceptions to Arbitration. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Notwithstanding the foregoing, you may bring a claim against Houzz in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Mandatory Informal Dispute Resolution. If you have a Dispute with Houzz, you agree to first send a detailed notice (“Notice”) to Houzz by: (1) email at email@example.com and (2) first class, certified mail addressed to Houzz Inc., Legal Department, c/o Corporation Service Company, Inc., 251 Little Falls Drive, Wilmington, Delaware 19808. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address associated with your Houzz account; (3) information sufficient for Houzz to identify any transaction, product, or service at issue (e.g., order confirmation, Houzz Pro subscription, etc); and (4) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it, and (5) your personal signature. If Houzz has a Dispute with you, Houzz agrees to first send a detailed Notice to your email address listed in your profile or via any other contact information you have made available to us. Houzz’s Notice will likewise set forth: (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature, and basis of our claims and any relief we are seeking. Your Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
You and Houzz agree to negotiate in good faith about the Dispute in an effort to swiftly resolve it without the need for a formal proceeding. If requested by Houzz, you and Houzz agree to personally meet and confer, via videoconference, in a good-faith effort to resolve any claim covered by this Agreement. For sake of clarification only, this conference shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. This process should result in resolution of the Dispute, but, if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Houzz may initiate an arbitration. You and Houzz agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not move forward with the administration of any Demand upon written notice from Houzz that the other demanding party has not complied with the informal process. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
If we are not able to resolve the Dispute informally, then the below provisions will govern any Dispute. If you live outside of the United States and do not use the Houzz Platform as a professional or business, some mandatory provisions of your local consumer protection law, if any exist, may also apply to the Dispute.
Class Action Waiver. You and Houzz agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Houzz both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Houzz agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules. The arbitration will be administered by ADR Services Inc. ("ADR Services") and shall be subject to ADR Services’ most current version of its Arbitration Rules, available at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at (310) 201-0010. If ADR Services is not available to arbitrate, the parties will mutually select an alternative arbitral forum, and either party may invoke 9 U.S.C. § 5 to request that a court appoint an arbitration provider. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) may resolve that dispute, and the arbitration shall be stayed pending the court’s ruling.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified by ADR Services' Rules available at https://www.adrservices.com/services-2/arbitration-rules. The Demand must describe the nature and basis for the claim and includes all of the information required in the Notice. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from ADR Services’ roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 business days of delivery of the Demand, then ADR Services will appoint the arbitrator in accordance with ADR Services’ Rules.
Arbitration Location and Procedure. Arbitration hearings will take place through videoconferencing by default, unless you and Houzz agree upon another location in writing. If the arbitration is in person, the seat of the arbitration shall be in San Francisco, California, unless you and Houzz agree otherwise or ADR Services’ Rules provide otherwise. If your claim does not exceed USD $10,000, then the arbitration will be conducted solely on the basis of documents you and Houzz submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD $10,000, your right to a hearing will be determined by ADR Services’ Rules. Subject to ADR Services’ Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees. Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees are set forth in ADR Services’ Rules. Houzz will consider reimbursing the opposing party’s portion of ADR Services’ fees upon a showing of financial hardship, but only if the opposing party is an individual consumer, and not a professional or business. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and ADR Services’ Rules.
Special Procedures for Mass Arbitrations. If, at any time, 30 or more similar demands for arbitration are asserted against Houzz by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance, the parties agree to extend the deadline, or the arbitrator extends the deadline. The parties will then have 90 days (the “Mediation Period”) (which may be extended by the parties) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
Opt-Out. You have the right to opt out of the arbitration provisions of Section 10 by sending a written notice of your decision to opt out to the following address: Houzz Inc., Houzz Legal Department, c/o Corporation Service Company, Inc., 251 Little Falls Drive, Wilmington, Delaware 19808. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 10. You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.
Governing Law & Jurisdiction: This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in San Francisco, California for any actions for which the arbitration provision, as set forth in Section 10, does not apply.
Disputes with Other Users: If you have a dispute with another user on the Houzz Platform or with any third party, you agree that Houzz is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Houzz, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Houzz Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Houzz Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Houzz Entities and its professional partners, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Houzz Platform, updates concerning new and existing features on the Houzz Platform, communications concerning promotions run by us or third parties, and news relating to the Houzz Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Houzz Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Houzz.
If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Houzz Platform, you may opt-out or unsubscribe using your settings.
- Notice for California Users. Under California Civil Code Section 1789.3, California users of the Houzz Platform are entitled to the following specific consumer rights notice: The services are provided by Houzz Inc., 285 Hamilton Avenue, 4th Floor, Palo Alto, CA 94301. If you have a question or complaint regarding the Service, please contact Houzz at firstname.lastname@example.org. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.
- Export. The Houzz Platform is controlled and operated from our United States offices in California. Houzz software is further subject to United States export controls. No software for Houzz may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Changes. We reserve the right to:
i. change the terms of this Agreement, consistent with applicable law;
ii. change the Houzz Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your Houzz account, or use of and access to the Houzz Platform.
- Languages. The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
- Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Houzz's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Houzz may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
- Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Houzz Platform and constitutes the entire agreement between you and us regarding the Houzz Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 3 (Your Content), Section 4(c) (Restrictions) and 4(d) (Ownership), Section 8 (Disclaimers and Limitations of Liability), Section 9 (Indemnification), Section 10 (Dispute Resolution) and Section 12 (Miscellaneous).
- Contact. Feel free to contact us by visiting https://help.houzz.com with any questions about this Agreement.
Effective June 16, 2023