TERMS AND CONDITIONS OF $5,000 GUARANTEE
SOLE REMEDY. THEHOMEMAG’S SOLE OBLIGATION TO YOU UNDER THIS GUARANTY IS LIMITED TO $5,000. THIS GUARANTY NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME OBLIGATIONS OTHER THAN THOSE EXPRESSLY COVERED BY THIS GUARANTY.
NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THEHOMEMAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY WORK PERFORMED BY ANY SERVICE PROVIDER, INCLUDING ANY SERVICE PROVIDER ADVERTISING WITH THEHOMEMAG, OR ANY OTHER MATTER, WHETHER OR NOT CONTEMPLATED BY THIS GUARANTY OR NOT.
WAIVER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THEHOMEMAG BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, THIRD PARTY CLAIMS, LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF SAVINGS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM IN WHICH ANY ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH OR OTHERWISE.
NON-TRANSFERABLE. THIS GUARANTY IS NON-TRANSFERABLE AND NON-ASSIGNABLE AND APPLIES ONLY TO THE HOMEOWNER WHO REGISTERED THE APPLICABLE JOB. ANY ATTEMPTED ASSIGNMENT OR TRANSFER SHALL VOID THE GUARANTY HEREIN MADE.
VENUE AND GOVERNING LAW. VENUE FOR ALL SUITS ARISING PURSUANT TO THIS GUARANTY SHALL LIE EXCLUSIVELY IN THE COURTS OF LEE COUNTY, FLORIDA, AND YOU HEREBY SUBMIT TO THE EXCLUSIVE IN PERSONAM JURISDICTION OF ALL COURTS OF LEE COUNTY, FLORIDA. THE LAWS OF THE STATE OF FLORIDA WILL APPLY TO ANY DISPUTES PURSUANT TO THIS GUARANTY, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS.
SOLE CONTRACT. THIS GUARANTY CONSTITUTES THE SOLE AND COMPLETE UNDERSTANDING WITH RESPECT TO THEHOMEMAG’S OBLIGATION TO YOU. BY REGISTERING YOUR JOB, YOU AGREE TO ALL OF THE TERMS CONTAINED HEREIN.