Last updated July 30, 2025
Each Product Addendum can be viewed at the respective URLs immediately below:
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (THE “AGREEMENT”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND ABODE FINANCIAL HOLDINGS, INC., A DELAWARE CORPORATION, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, “ABODE,” “COMPANY,” “WE,” “US,” OR “OUR”).
Binding Arbitration and Class Action Waiver:
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17.3 OF THE AGREEMENT , ALL DISPUTES , CLAIMS, OR CONTROVERSIES BETWEEN YOU AND ABODE ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT OR YOUR USE OF THE SERVICES (COLLECTIVELY, THE “DISPUTES”) WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. BY ENTERING INTO THE AGREEMENT, YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING AND TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, AND YOUR CLAIMS MUST BE BROUGHT INDIVIDUALLY. PLEASE REVIEW SECTION 17 (THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT”) FOR DETAILS REGARDING YOUR AGREEMENT TO INDIVIDUALLY ARBITRATE ANY DISPUTES WITH ABODE.
Scope of Agreement:
The Agreement, together with the Privacy Policy and all addenda, including, but not limited to, the Property Tax Addendum (“Property Tax Addendum”), Insurance Addendum (“Insurance Addendum”), and Residential Energy Addendum (“Energy Addendum”), which are incorporated into the Agreement by reference, and any other applicable policies and guidelines, as may be updated from time to time, govern your access to and use of Abode’s mobile application (the “App”) and/or website, www.ownabode.com (the “Site”) (collectively, the “Platform”), as well as all related products, websites, services, networks, and downloadable software provided by us (together with the Platform, our “Services”). The Agreement constitutes a legally binding agreement between you and Abode, and by accessing or using any part of the Services , you agree to be bound by the Agreement.
References and Authority:
All references to “you” or “your,” as applicable, mean the person who uses, downloads, accesses, and/or participates in the Services in any manner , as well as your heirs, assigns, and successors. If you use the Services on behalf of another person, entity, organization, or company, you represent and warrant that you have the legal authority to bind such entity to the Agreement, your acceptance of the Agreement will be deemed an acceptance by such entity, and all references to “you” and “your” herein shall refer to such entity.
Acceptance of Terms:
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS CONTAINED IN THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MUST NOT
ACCESS OR USE THE SERVICES. ABODE RESERVES THE RIGHT TO MODIFY OR UPDATE THE AGREEMENT AT ANY TIME IN ACCORDANCE WITH SECTION 18.
Key Terms and Disclosures:
As provided in greater detail in the Agreement, you agree to and acknowledge these and other material terms:
By continuing to use the Services, you reaffirm your agreement to be bound by the most current version of the Agreement.
To use the Services, you must meet certain eligibility requirements. Specifically, you must be at least eighteen (18) years old. By agreeing to the Agreement, you represent and warrant to us that: (1) you are at least eighteen (18) years old; (2) you have not previously been suspended, banned, or removed from the Platform or from use of the Services; (3) your registration for and your use of the Services is in compliance with any and
all applicable laws and regulations; and (4) you are either the legal owner of any home or property in connection with which you use the Services, or you are an authorized representative of the legal owner of such property.
As part of the Services, Abode may assist you in managing expenses related to homeownership, including, without limitation, by (i) providing you with materials necessary to appeal your property tax assessment, representing you as an unlicensed limited agent for the purpose of appealing your property tax assessment in states where such representation is allowable by law, connecting you with or appointing, through authority as your limited agent, third-party tax consultants, appraisers, certified accountants, attorneys, or other licensed representatives for the purpose of appealing property tax assessments from relevant government agencies, ; (ii) connecting you with third-party insurance agents, brokers, carriers, insurers, or other insurance service providers for the purpose receiving insurance quotations and other insurance services, ; and/or (iii) acting as an electricity broker and facilitating your enrollment in a retail electric plan with a REP, and/or your connecting you with utilities, or other energy service providers for the purpose of lowering your residential energy costs. Abode operates in limited jurisdictions. The information provided by you when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use is contrary to applicable law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, if you access the Services from outside the jurisdictions in which Abode operates, you do so at your own risk and are solely responsible for complying with local laws, if and to the extent local laws are applicable. The Services are and may be further described through addenda, including, but not limited to, the Property Tax Addendum, Insurance Addendum, and Energy Addendum.
To the extent that you access the Services for the purpose of lowering your property tax assessment, your obligations under the Agreement are further set forth in the Property Tax Addendum. BY ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT ABODE IS NOT A LICENSED PROPERTY ASSESSOR, APPRAISER, LEGAL ADVISOR, ATTORNEY, CERTIFIED ACCOUNTANT, OR TAX CONSULTANT. Abode does not provide any tax services deemed to be legal, advisory, or brokered services, and Abode is not licensed by the state for these purposes. Abode may provide you with information and forms to facilitate self-filing of your property tax assessment, act as your unlicensed limited agent for the purpose of appealing your property taxes where allowable by law, and/or connect you with third-party partners, including, but not limited to, licensed tax consultants, appraisers, certified accountants, attorneys, or other licensed representatives. We are not responsible or liable in any way for the conduct of the third-party partners with whom you are connected through the Services. We do not guarantee or warrant that your use of the Services or the services of a third-party partner will result in a lowered property tax assessment. These limitations are further described in the Property Tax Addendum, at Sections 10, 19, and 20 of the Agreement, and elsewhere herein.
To the extent that you access the Services for the purpose of lowering your Insurance premium, your obligations under the Agreement are further set forth in the Insurance Addendum. BY ACCESSING THE SERVICES , YOU ACKNOWLEDGE THAT ABODE IS NOT AN INSURANCE AGENT, BROKER, CARRIER, OR INSURER. Abode does not act as an agent of any carrier, assess risk, issue insurance contracts or bind coverage, transmit insurance policies, sell insurance coverage, collect premium payments, submit applications for insurance to any carrier, or provide any assessment of any terms quoted to you. Abode does not endorse or recommend any insurance companies or specific types of insurance policies. We are not responsible or liable in any way for the conduct of the insurance agents, brokers, carriers, insurers, and discount program representatives and companies with whom you are connected through the Services. The insurance coverage provided by any third-party service provider will be subject to the terms and conditions of the insurance policy under which it is issued, and we have no control over such terms and conditions. While we publish content on the Platform about insurance and property taxes, we do not provide insurance, tax, legal, or financial advice of any kind. We do not provide any insurance services deemed to be legal, advisory, or brokered services, and Abode is not licensed by the state for these purposes. We do not guarantee or warrant that any of the insurance agents, brokers, or companies with whom you are connected through the Services will contact you or agree to provide you coverage or that your use of the Services will result in a lowered homeowner’s insurance premium or other savings. These
limitations are further described in the Insurance Addendum, at Sections 10, 19, and 20 of the Agreement, and elsewhere herein.
To the extent that you access the Services for the purpose of lowering your home energy costs, including, but not limited to, your electricity costs, your obligations under the Agreement are further set forth in the Energy Addendum. Abode is a licensed Texas electricity broker. BY ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT ABODE IS NOT AN REP, UTILITY, OR OTHER ENERGY SERVICE PROVIDER. Abode will not directly provide you with retail electric service or physically deliver you electricity. We are not responsible or liable in any way for the conduct or reliability of REPs or utilities with whom you are connected through the Services. The retail electric plan provided by any REP or third-party service provider will be subject to the terms and conditions of the REP or third party service provider, and we have no control over such terms and conditions. We do not guarantee or warrant that any retail electric plan that you purchase from an REP or third-party service provider will result in lowered energy costs or other savings. These limitations are further described in the Energy Addendum, at Sections 10, 19, and 20 of the Agreement, and elsewhere herein. Required disclosures under the Texas Administrative Code, including information on how to contact Abode, can be found in the Energy Addendum and at Section 26 of the Agreement.
As part of the Services, Abode may provide to you other products for the purpose of enabling you to manage expenses related to homeownership.
In order to use the Services, you agree to the following:
The Services are licensed, not sold, to you for use only in accordance with the terms of the license as set forth in the Agreement. You are granted permission to use the Services, but you do not own them, and Abode reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the Agreement, Abode hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access and use the Services on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all applicable legal requirements. Abode reserves the right to revoke this license at any time, for any reason, in its sole discretion. You may not modify, alter, reproduce, distribute or make the Services available over a network where they could be accessed or used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. If you breach these license restrictions, or otherwise exceed the scope of the license granted in the Agreement, you may be subject to prosecution, legal damages, and liability for infringement of intellectual property rights. Your use of the Services is strictly limited to what is expressly permitted under the Agreement, and any unauthorized use or distribution of the Services is strictly prohibited.
We are the exclusive owner or the authorized licensee of all intellectual property rights in our Services, including , but not limited to, all source code, databases, functionality, software, website designs, audio, video, photographs, and graphics that are part of the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in the United States and internationally. You are not permitted to use, copy, reproduce, distribute, or otherwise exploit the Content or Marks beyond what is expressly allowed under the terms of the license.
The Content and Marks are made available to you through the Services strictly "AS IS" and solely for your personal, non-commercial use. Any use of the Content or Marks outside of these parameters, such as for commercial purposes or in a manner that violates the intellectual property rights of Abode or its licensors, is strictly prohibited.
You acknowledge and agree that when using the Platform, you may have direct or indirect access or exposure to Abode’s confidential information ("Confidential Information"). Confidential Information includes Abode’s data, provider and user IDs, user information, consumer information, third-party partner information, transaction volumes, marketing and business plans, business, financial, technical, and operational details, and such other information (whether disclosed in writing or verbally) that Abode designates as being proprietary or confidential or that a reasonable person would recognize as confidential due to its nature.
You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of Abode; (2) you shall not use Confidential Information for any purpose except as necessary to utilize the Services; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Platform or at the request of Abode.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes generally available to the public prior to or after the disclosure thereof and in such case through no breach of the Agreement by you or no action or omission by you; (2) was known or possessed by you prior to your use of the Platform without an obligation of confidentiality with respect thereto; (3) is independently developed without use of or reference to Confidential Information; or (4) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
We care about data privacy and security. Please review our Privacy Policy: https://www.ownabode.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into the Agreement.
Please be advised the Services are hosted in the United States. If you access the Services from outside the United States, you should be aware that your data will be transferred to and processed in the United States. By continuing to use the Services, you are expressly consenting to this transfer and processing, even if the data privacy laws in your region differ from those in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Services, including, but not limited to , data relating to your use of the Services. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of such data.
To access some features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other information).
You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you must not disclose it to any other person or entity. If you choose to use a third-party login, such as Facebook or Google, you are responsible for maintaining the confidentiality of such third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via contact@ownabode.com.
Abode will not be liable for any losses, damages, liability, expenses, and lawyers’ fees incurred by Abode or any third party arising from someone else using your account due to your conduct, whether you have notified us of such unauthorized use. You may be held responsible for such losses or damages. You understand and agree that we may require you to provide additional information that may be used to confirm your identity and help ensure the security of your account, and we have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Agreement.
You may submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and questions you ask us in customer service features of the Services ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and/or otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We shall be free to use any ideas, concepts, know-hows or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and/or services that incorporate any User Content.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content , nor our use of the User Content as permitted herein, will infringe, misappropriate or violate a third-party's intellectual property or proprietary rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion at any time and for any reason or no reason, without notice to you or others.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Abode, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Platform.
The Platform may display, include or make available content, data, information, applications or materials from third parties, including, without limitation, advertising, marketing materials, comparable appraisals, and links to certain third-party web sites, including those of third-party partners providing related services (“Third-Party Materials”). By using the Platform, you acknowledge that you may encounter Third-Party Materials and agree to receive such Third-Party Materials. Abode is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials, third-party services, web sites, security or privacy practices, or terms of service associated with those third parties. Abode does not warrant, endorse, or assume, nor does Adobe have any liability or responsibility
to you or any other person for , any Third-Party Materials, third-party services, web sites, security or privacy practices, terms of service, associated with those third parties, or any other materials or products of third parties. It is your responsibility to review and understand the terms, privacy policies, and practices of any third-party providers or materials you interact with through the Platform, and you acknowledge sole responsibility for, and assume all risks arising from, your use of Third-Party Materials or third-party services. Abode disclaims any liability for issues that may arise from your use of or reliance on Third-Party Materials or third-party services.
By using the services, you agree that Abode, those acting on Abode’s behalf, and third-party partners to whom you may connect through your use of the Services , may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. If you wish to stop receiving these messages, you can reply "STOP" to opt out, or "HELP" for assistance. You may continue to receive text messages for a short period while Abode processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from Abode , do not utilize the Services. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. If you change or deactivate the phone number you provided to Abode, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not open. You can turn off notifications by visiting your mobile device's "settings" page.
You agree that Abode, those acting on Abode’s behalf, and third-party partners to whom you may connect through your use of the Services , may send you emails concerning products and services offered by Abode or third parties. You may opt-out of promotional emails by following the unsubscribe instructions included in those promotional emails.
You agree that Abode, those acting on Abode’s behalf, and third-party partners to which you may connect through your use of the Services, may contact you at the telephone number(s) you provided to us. These communications may be generated by automatic telephone dialing systems which may deliver pre-recorded messages.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Abode, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to us at contact@ownabode.com (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree to be bound by Abode’s eSIGN DISCLOSURE AND CONSENT AGREEMENT (“E Sign Agreement”), incorporated herein by reference. By affirmatively agreeing to be bound by the Agreement, you authorize Abode to affix your electronic signature to the Agreement for the purpose of sharing and authenticating the Agreement with third parties. Your electronic signature may be digitally generated on your behalf and therefore may not be a true reflection of your handwritten signature.
You understand that your use of the Services may result in charges to you for the Services that you receive from Abode and/or third-party services and products that you purchase or receive from third-party partners (collectively, “Charges”). You understand that Abode is not responsible for Charges, including, but not limited to, premiums, fees or taxes related to any insurance, property tax, energy, or other products, that you receive from any third-party partner, including , but not limited to, any insurer, insurance agent, insurance broker or carrier, property assessor, appraiser, legal advisor, attorney, tax consultant, certified accountant, REP, utility, or other third party, nor is Abode responsible for Charges, including, but not limited to, any taxes or fees, charged to you by any government agency, third-party partner of any government agency, or other third party.
Charges for the Services may be charged to you by Abode on a flat fee basis, subscription fee basis, variable fee basis, other basis, or calculated as a percentage of savings (“Success Fee”) expressed as the difference between your current insurance premium, fees, property tax assessment, and/or energy costs and the lowered insurance premium, fees, property tax assessment, or energy costs, if any, achieved as a result of your use of the Services during a certain period of time. Because of the nature of the Services, Abode does not always know how much Abode or any third-party partner, their partner, or any government agency will charge you. Depending on how Abode charges you, you may have the opportunity to review an estimate of the amount that you will be charged prior to purchase. The final amount may differ from the estimate. In all cases, you acknowledge and accept that such an amount will be charged and you agree to pay said amount. Abode may change or add Charges for use of the Services at any time as we deem necessary or appropriate for our business.
Abode has no obligation to itemize its costs, profits or margins when publishing prices for the Services and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes. Abode will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Abode may also place a pre authorization hold on your payment method, as described in Section 12.2.
Charges paid by you to Abode are final and non-refundable, except as expressly provided in Section 12.2, and will be quoted in the local currency of the location where the Service is provided. Except as expressly provided in Section 12.2, Abode has no obligation to provide refunds or credits. However, Abode, in its sole discretion, may provide users with refunds, product credits, or make promotional offers with different features and different rates to any consumers. These credits and offers may be used for future transactions and may be subject to additional terms and conditions. Such credits or offers are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Abode reserves its right to expire, limit, or modify any credits or promotion at any time. If your account is canceled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
If you fail to make timely pay Charges, you may be charged a reasonable late fee and/or allowable late fee in accordance with applicable law.
You authorize Abode to charge all Charges to the payment method designated in your account, including by credit card. When using the Services a temporary pre-authorization may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater than or less than the final amount charged. In the event that the pre-authorization is greater than the final amount charged, the difference will be released after your purchase is completed or canceled; depending on your bank, it may take up to 5 business days to receive access to these released funds.
With respect to certain third-party partners, Charges you incur will be owed directly to such third-party partners, and Abode may collect payment of those Charges from you on behalf of such third-party partners when acting as the third-party partners’ limited payment collection agent. In such instances, your payment of such Charges will be considered the same as payment made directly by you to the applicable provider.
Abode reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Agreements; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the Agreement, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
The Agreement remains in effect until terminated by you or Abode as described below and shall automatically renew on an annual basis unless terminated by you or Abode prior to the date of renewal. Your rights under the Agreement will terminate automatically without notice from Abode if you fail to comply with any of the terms of the Agreement (including by violating any license restriction contained herein). In addition, Abode may , in its sole discretion , terminate your user account on the Platform, suspend or terminate your access to the Services , or delete your account at any time and for any reason, without notice. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services) without notice to you. Abode will not be liable for any consequences resulting from any changes to the Services or any suspension or termination of your access to or use of the Services.
You may terminate the Agreement at any time by closing your account and ceasing use of the Platform. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including , without limitation , pursuing civil, criminal, and injunctive redress. Sections 5-7, 9-12, and 16-25 of the Agreement shall survive the termination of your account or the Agreement. You remain responsible for all fees due under the Agreement which arise from a Service provided prior to termination, including all flat fees, up-front fees, and subscription fees, all of which are non-refundable.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. However, we have no obligation to update any information on our Services, and any of the material related to the Services may be out of date at any given time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
The Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflicts of laws principles. Notwithstanding Section 17 of the Agreement, if a lawsuit or court proceeding is permitted under the Agreement, you and Abode agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for the purpose of litigating any Dispute. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We operate the Services from our offices in Texas, and we make no representation that materials included in the Services are appropriate or available for use in other locations.
Abode is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to, any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, third party, third-party partner, or government agency. Disputes between you and Abode are subject to this Section 17. The parties acknowledge that the Agreement evidences a transaction involving interstate commerce. Notwithstanding Section 16 of the Agreement with respect to applicable substantive law, any arbitration conducted pursuant to the terms of the Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In the interest of resolving Disputes between you and Abode in the most expedient and cost effective manner, you and Abode agree that every Dispute arising in connection with the Agreement will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery than allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, the Platform, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ABODE ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in the Agreement will be deemed to waive, preclude, or otherwise limit the right of either of us to (1) bring an individual action in small claims court, or (2) file suit in a court of law to address an intellectual property infringement claim, or for Abode to (3) utilize a collections agency for the purposes of collecting past due Charges due to an REP under the Energy Amendment.
Any arbitration between you and Abode shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by the Agreement, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 17.
A party who intends to seek arbitration must first send a written notice of the Dispute to the other party, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice").
Abode’s address for Notice is:
Abode Financial Holdings, Inc. 1909 Alexander #1119, Austin, TX 78722.
Attention: Operations Department
The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought ("Demand").
Both parties agree to use good faith efforts to resolve the claim or dispute directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Abode may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Abode must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with the Agreement, you will be required to pay $250 to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, Abode will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
Arbitration shall be conducted in Travis County, Texas, or another location to which both parties agree. You and Abode further agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If a claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (1) Solely on the basis of documents submitted to the arbitrator; or (2) Through a non-appearance based telephone hearing.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse Abode for all monies previously disbursed by it that are
otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
YOU AND ABODE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Abode agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Agreement at any time in our sole discretion without prior notice, and any such changes will be effective immediately upon being posted through the Platform. The Agreement will identify the date of the last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Services following any such change constitutes your acceptance of the modified Agreement and your agreement to be bound by the terms of the modified Agreement. In the case of material changes to the Agreement, we will make reasonable efforts to notify you of the change, such as through sending an email to the email address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. However, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We may also supply different or additional terms, conditions, guidelines, policies, or rules in relation to some of our Services made available on or through the Platform (“Supplemental Terms”). Any such Supplemental Terms become part of the Agreement if you use the applicable Services, and such Supplemental Terms are hereby incorporated by reference. If there is a conflict between the Agreement and any Supplemental Terms, the Agreement will control for that specific conflict. Any addenda provided shall be considered Supplemental Terms.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. IN ADDITION, ABODE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ABODE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO INSURANCE AGENTS, BROKERS, CARRIERS, INSURERS, PROPERTY ASSESSORS, TAX CONSULTANTS, LEGAL ADVISORS, REP, OR UTILITIES TO WHICH YOU MAY BE CONNECTED, OR THE SERVICES THEY PROVIDE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR PRODUCT REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ABODE DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF ABODE. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD-PARTY, YOU RELEASE ABODE FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
ABODE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING COMPARABLE APPRAISALS PROVIDED BY THIRD PARTIES. ABODE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ABODE DOES NOT GUARANTEE THAT YOUR RESIDENTIAL COSTS, INCLUDING , BUT NOT LIMITED TO, YOUR INSURANCE, PROPERTY TAX, OR RESIDENTIAL ENERGY COSTS, WILL BE LOWERED AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR USE OF ANY THIRD-PARTY PROVIDERS’ SERVICES OR PRODUCTS.
ALL DISCLAIMERS SET FORTH IN ANY SUPPLEMENTAL TERMS ARE INCORPORATED HEREIN.
TO THE FULLEST EXTENT PROVIDED BY LAW, ABODE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING , BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOST INSURANCE COVERAGE, LOST PROPERTY VALUE, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ABODE, AND EVEN IF ABODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ABODE’S AGGREGATE LIABILITY EXCEED THE CHARGES ACTUALLY OWED BY YOU TO ABODE IN THE THREE (3) -MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
ABODE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF OR RESULTING FROM: (i) YOUR USE OF OR RELIANCE ON THE SERVICES, YOUR INABILITY TO ACCESS OR USE THE SERVICES, OR ANY CONTENT, INCLUDING THIRD_PARTY COMPARABLE APPRAISALS OBTAINED FROM OR THROUGH THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF ABODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ACTS AS YOUR LIMITED AGENT FOR THE PURPOSE OF APPOINTING SUCH THIRD-PARTY PROVIDER; OR (iii) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ABODE'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, PANDEMICS, OR STRIKES.
THE SERVICES MAY BE USED BY YOU TO REQUEST INSURANCE AND ENERGY QUOTATIONS, INSURANCE POLICIES, PROPERTY ASSESSMENTS, TAX CONSULTING SERVICES, ENERGY PRODUCTS, AND OTHER SERVICES OR PRODUCTS FROM THIRD-PARTY PROVIDERS; HOWEVER, YOU AGREE THAT ABODE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE PROVISION OF SUCH SERVICES OR PRODUCTS PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS, EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THIRD
PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF ABODE IN ANY CAPACITY. ABODE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF ANY THIRD-PARTY PROVIDER’S FAILURE TO COMPLY WITH THE LAW, INCLUDING PERMITTING AND LICENSING REQUIREMENTS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 20 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ABODE ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ABODE'S CHOICE OF LAW PROVISION.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING NEW JERSEY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THIS LIMITATION OF LIABILITY SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT AND YOUR USE OF THE SERVICES.
You are responsible for your use of the Services, and you agree to defend (at Abode’s option), indemnify, and hold harmless Abode, its affiliates , and its and their respective officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, judgment, award, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that would otherwise be subject to indemnification by you (without limiting your indemnification obligations), and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Abode may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Abode’s prior written consent.
This Indemnification section shall survive the termination or expiration of the Agreement and your use of the Services.
You may not assign or transfer the Agreement or your rights under the Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
Abode may provide notices, disclosures, and other communications to you in any manner reasonably anticipated to notify you of the information provided. You agree that all such communications provided to you electronically, including, but not limited to, email, postings on the Platform, or other electronic means, satisfy any legal requirement that such communications be in writing or delivered in a particular manner. You further agree that you have the ability to store such electronic communications so that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your Abode account. It is your responsibility to ensure that your account information, including your email address, is current and accurate so that you may receive such communications. Notices provided electronically shall be deemed to have been given forty-eight (48) hours after dispatch. If Abode chooses to provide notice by physical means, such as the U.S. Mail or a nationally recognized overnight delivery service, notice shall be deemed to have been given seven (7) days after dispatch.
Except as explicitly described in the Dispute Resolution and Arbitration section, you may give notice to Abode at any time, and such notice shall be deemed given when received by Abode. Notices to Abode must be delivered by a nationally recognized overnight delivery service or first -class postage prepaid mail to Abode at the following address:
Abode Financial Holdings, Inc. 1909 Alexander #1119, Austin, TX 78722.
Attention: Operations Department
Please ensure that any notice you provide includes sufficient information to identify your account and the subject matter of your communication.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of Abode to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Abode in writing, and no waiver by Abode of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Furthermore, where the Agreement specifies a right or remedy available to Abode, such right or remedy shall be deemed to be cumulative with and in addition to all other rights and remedies provided to Abode by the other provisions of the Agreement, at law or in equity. The exercise of any one right or remedy by Abode shall not preclude the exercise of any other right or remedy.
The Agreement comprises the entire agreement between you and Abode and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in the Agreement.
Except for the limited agency relationships that exist solely for the purpose of appointing a tax consultant on your behalf as described in the Property Tax Addendum and enrolling you in a retail electric plan with an REP and/or a Smart Meter Texas account as described in the Energy Addendum, no joint venture, partnership, employment, or agency relationship exists between you and Abode as a result of the Agreement or use of the Services.
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: contact@ownabode.com or visit our website at www.ownabode.com.
For Services related to electricity, you may also submit complaints and inquiries to the Public Utility Commission of Texas: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, email address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.
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Abode does not guarantee or warrant that your use of its services will result in savings. Abode is not a licensed tax consultant, insurance agent, broker, carrier, or insurer in any state and does not solicit insurance. All quotes and insurance policies are provided directly to you by Abode's network of licensed third-party partners.
