By accessing our website or mobile applications and all associated pages (collectively, the “Site”)(collectively with Henry Services, the “System”), you (1) agree to be bound by the terms and conditions below, including those defined in Section 1(a) below)(collectively, the “Terms of Use”) and enter into a binding agreement with Henry Homes, Inc., a Virginia corporation, and its parent company, subsidiaries, and affiliates (“We”, “Our”, “Henry” or “Company”); (2) acknowledge that you understand and agree to all of the terms in these terms of use; and (3) certify that you are of sufficient age and mental capacity to enter into the agreement set out in these Terms of Use. Henry reserves the right to change these Terms of Use at any time, and your continued use of this website constitutes agreement to all such changes so it is recommended that you review the Terms of Use on occasion.
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IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST LEAVE THE SITE NOW. If at any time you do not agree with any of the Terms of Use, you must immediately cease your use of the Site.
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If you do not understand any terms within the Terms of Use, please consult a legal expert for a clarification.

1(a). In addition to these Terms of Use, you also agree to any additional terms and/or Agreements that are specific to any Services offered by or through Henry (“Additional Terms”). Such Additional Terms will not change or replace these Terms of Use unless otherwise expressly stated.

The Site is intended for use by persons over the age of 18 who are legal residents of the United States. 

The Site is not directed or intended for use by children under the age of thirteen (13) years and we do not knowingly collect personal information from children under thirteen (13) years from the Site.
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Pursuant to 47 U.S.C. Section 230(d) as amended, Henry hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Family Online Safety Institute website https://www.fosi.org/. To view information on our policy on privacy, including the privacy of children under the age of thirteen (13), please see our Privacy Policy.
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Henry may monitor your use of the Site. During monitoring, any information, including, but not limited to, technical information about your device and network, date/time and nature of website access and use, system and website software, and other similar and/or related data, that is gathered periodically for product support and other services relating to your activities on the Site may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Through your engagement with Henry on this Site, you authorize Henry to gather and use your information to do things like improve products offered through the Site or to provide services or technologies to you, to provide advertising content Henry believes you may be interested in, and other activities which may involve third parties and their advertising content. For more information on how we gather and use your personal information, and choices you have regarding Communications, please refer to our Privacy Policy.

Not all Henry Services may be available in all geographic locations. 

Certain areas of the Site are available only to active paying clients of the Henry. To access customer only areas like the Henry Dashboard or Virtual Assistant you will need to know the URL or phone number of each. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of failing to maintain the strict confidentiality of your username and password, and (4) promptly informing Henry in writing of any need to deactivate a username or password because they are no longer useful or necessary. Henry is not liable for any harm arising from or related to the theft or unauthorized disclosure of usernames or passwords or any decision by you to allow another person or entity to access and use the Site using your username or password. You must immediately notify Henry of any actual or suspected unauthorized use of your username or password or of any compromise or other breach of confidentiality relating to username or password and are responsible for any harm you experience from the use of your username or password on the Site. Your ability to access client-only areas of the Site may be suspended or terminated by us at our discretion based on violation of these Terms of Use.

As between you and Henry, Henry or its associated third parties own all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, and other intellectual property rights associated with the Site. You are permitted to view and retain copies of relevant documents, pages, images or other materials on the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Henry. Additionally, you agree that you (i) will not remove or alter any trademark or other proprietary notice or legend displayed on or produced through this Site, and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with providing required information to transact business through the Site.

In addition, as a condition of your continued use of and access to the Site, you acknowledge you have read, understand, and agree to Henry’s Acceptable Use Policy. Unauthorized use of the Site and related Henry Services, including unauthorized entry to any Henry System or misuse of information posted or accessible on the Site, is strictly prohibited. We reserve the right, to the maximum extent permitted by applicable law, to take any and all steps available to us, including suspending or terminating your access to the Site and any related System, once we become aware of any violation of these provisions.

By accessing this Site and/or any Henry System, you acknowledge you have read, understand and agree to the Henry Consent to Receive Electronic Communications. In particular, you agree that we (expressly including our affiliates, agents, contractors, representatives, service providers, and any companies working on our behalf) (collectively, “Henry Parties”) may contact you, including by call(s), text message(s), or email, at any phone number, email address, text number or mailing address you provide to us, from which you contacted us, or we receive and believe we can reach you at, to the extent permitted by applicable law. When you give us your phone number, you agree that Henry Parties have your explicit permission and consent to contact you at that number, subject to your privacy preferences. Your consent allows us to use text messaging, and automated texting and email technology, even if you are charged message and data rates for the calls and texts. You do not need to consent to be contacted by telephone, email, or postal mail for marketing purposes to receive products and services offered through the Site. See the Henry Consent to Receive Electronic Communications for further detail.

While Henry uses reasonable efforts to include current information on the Site, Henry makes no warranties or representations as to the Sites accuracy, timeliness, reliability, completeness or otherwise.

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS PERMITTED BY LAW,  THE HENRY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HENRY DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, OR COMPLETENESS OF INFORMATION ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS OF THE SITE, THE MOBILE APPLICATION OR THIRD-PARTY SITES THAT MAY BE LINKED. WITH RESPECT TO THE SITE OR ANY THIRD-PARTY SITE LINKED, THERE ARE NO WARRANTIES OR LIABILITY WITH RESPECT TO OPERABILITY OR THAT YOUR NEEDS WILL BE MET OR THAT INFORMATION OR FUNCTIONALITY WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, FREE FROM ERRORS OR DEFECTS, OR  UNINTERRUPTED, OR THAT RELATED SERVERS  WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, OR USE OF THE FOREGOING IS AT YOUR SOLE RISK. YOU AGREE TO LOOK SOLELY TO THE THIRD-PARTY PROVIDER AND NOT HENRY FOR ANY AN ALL WARRANTIES (IF ANY) ON OR WITH RESPECT TO THE PRODUCTS AND/OR SERVICES THEY PROVIDE. 

THE ABOVE LIMITATIONS IN THIS PROVISION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the extent you obtain from the Site or any Henry System output regarding complex home maintenance issues (such as, but not limited to, those related to electrical, plumbing, radon and/or gas concerns) that is generated by artificial intelligence, we recommend that you obtain advice from a skilled and licensed professional before you undertake maintenance or repair services yourself.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HENRY PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, EXEMPLARY, LIQUIDATED, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ACCESS TO OR USE OF OR INABILITY TO USE OR DEFECT, ERROR OR INTERRUPTION OF THIS SITE, ANY LINKED SITE, OR THESE TERMS OF USE BY ANY PARTY, EVEN IF ANY HENRY PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HENRY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR THESE TERMS OF USE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO HENRY IN THE TWELVE (12)  MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

The Site may include products and services offered and fulfilled by and/or links to third party sellers (“Third-Party Providers”). THIRD-PARTY PROVIDERS AND THEIR RESPECTIVE WEBSITES ARE NOT CONTROLLED BY HENRY. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HENRY (i) MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES; AND (ii) DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY PROVIDERS OR SITES LINKED TO THE SITE. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF HENRY AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE HENRY SITE. Henry may receive a commission for third-party products or services secured through the Site or Henry Systems.

You agree to defend, indemnify and hold harmless the Henry Parties and their respective directors, officers, employees, contractors and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Use, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content on the Site, and/or from any and all use of Henry System; (b) any material posted or otherwise provided by you, or any other user of your client-account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of Site or any Henry System; and (d) any breach of any representation, warranty or other terms or conditions relating to use of the Site or Henry Systems.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THIS SITE AND RELATED HENRY SYSTEM WILL BE RESOLVED BY BINDING, MANDATORY ARBITRATION RATHER THAN IN COURT AND IN YOUR INDIVIDUAL CAPACITY ONLY. YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

This arbitration and class action jury trial waiver clause (“Arbitration Agreement”) will govern all interactions with this Site, any Company Services provided to you, and any and all data exchanges and/or collection and retention of such data in connection with use of this Site or provision of any Service. If any such interactions are subject to a separate service agreement with the Company that includes an arbitration clause, it will supersede this Arbitration Agreement as to any redundant provisions. To the extent permitted by applicable law, by clicking to indicate your agreement to these Terms of Use and by using or interacting with the Site or Henry System, or engaging us for any Services, you agree to binding arbitration as provided below.

Agreement to Arbitrate. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes you may have with us. Therefore, pursuant to these Terms of Use and to the fullest extent permitted by applicable law, either you or we may elect to resolve any and all disputes exclusively through binding arbitration. YOU WILL NOT HAVE THE RIGHT TO PURSUE A CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration. A “Dispute” under this Arbitration Agreement is any unresolved claim or controversy between you and us arising out of or related to these Terms of Use, the Site, or any Service provided by the Company. A Dispute does not include Public Injunctive Relief Requests or any individual actions brought in small claims or your state’s equivalent court. If such individual actions are transferred, removed or appealed to a different court, either party may then request it be arbitrated.

The Process. We will make every reasonable effort to informally resolve any Disputes, between you and us. If those efforts fail, the party electing to commence a proceeding must give the other party written notice of the Dispute. The notice must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) reasonable detail of the Dispute; (3) the remedy sought and a good faith estimate of the amount at issue (in U.S. dollars); and (4) the original signature of the person raising the Dispute. Notice to Henry must be sent to: Henry Homes, Inc., 4870 Sadler Rd, Suite 300, Glen Allen, VA 23060, attn: Arbitration Election. We will send notice of our intent to pursue a Dispute to the most recent address we have for you in our records. Each party must provide reasonable opportunity over thirty (30) days after notice to resolve the Dispute.

If the Dispute is not resolved within thirty (30) days after notice is sent, the complaining party may initiate arbitration by providing a demand for arbitration to the American Arbitration Association (the “AAA” or “Arbitration Administrator”) at 1633 Broadway, 10th Floor, New York, NY 10019. If either party fails to submit to binding arbitration, including after a demand for arbitration following the other party’s filing of a lawsuit, the party who fails to submit to arbitration will be responsible for all costs and expenses incurred by the party compelling arbitration.

Applicable Law, Venue and Arbitration Procedure. This Arbitration Agreement is governed by the Federal Arbitration Act and each arbitration will be administered in Richmond, Virginia according to the rules in this Arbitration Agreement and the procedures of the Arbitration Administrator. AAA rules can be found at www.adr.org  YOU AND WE KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY AGREE TO GIVE UP THE RIGHT TO A TRIAL BY JURY OF ANY DISPUTE. A single arbitrator will be appointed and interpret this Arbitration Agreement and resolve any Dispute consistent with the laws of the Commonwealth of Virginia or relevant federal law, as applicable, irrespective of any conflict of law principles. All arbitrators must be practicing attorneys experienced and knowledgeable in the substantive law related to the Dispute. The arbitrator will issue a written decision and, upon request of any party, write a brief explanation of the basis of any award. 

The following provisions will apply to all arbitrations under this Arbitration Agreement: (1) timely filed offers of judgment under Federal Rule of Civil Procedure 68 or any state equivalent will be honored and require the party that declined to offer to pay the costs and fees of the filing party if the decision obtained is not more favorable than the unaccepted offer; (2) the arbitrator may not award any remedy that exceeds that which a court could award for the Dispute(s); (3) a finding that a Dispute is frivolous or intended to harass will entitle the other party to recover their attorney's fees, costs and expenses; (4) the arbitrator shall not be bound by prior, separate arbitration decisions; and (5) failure to enforce this Arbitration Agreement at any particular time or in connection with any particular Dispute will not waive any rights to require arbitration at a later time or in connection with any other Dispute. Either party may seek to enjoin the arbitration proceeding in court with jurisdiction and the arbitration will be automatically stayed pending the outcome of that proceeding.
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The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. Notwithstanding the above, in the event that an award involves a cost or benefit to any party for more than $100,000 or involves injunctive relief, any party may appeal the award to a three-arbitrator panel of the Arbitration Administrator, provided the appeal is filed within thirty (30) days of the original award. The panel may accept or reject any or all of the original award and any decision of the panel must be by majority vote. The appealing party must pay all costs unless the panel decides otherwise.

No Class Relief. THE ARBITRATION CAN RESOLVE ONLY YOUR AND/OR HENRY’S INDIVIDUAL CLAIMS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ENTERTAIN OR ARBITRATE ANY CLAIMS ON A CLASS OR REPRESENTATIVE BASIS, OR TO CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

Arbitration Costs. If you can’t obtain a waiver of the Arbitration Administrator’s filing, administrative, hearing, and/or other fees, upon request, we will to cover such fees up to one thousand two hundred dollars ($1200) unless the arbitration administrator decides that its rules or law require that our share of fees and costs be more. Requests for fee reimbursements should be sent to: Henry Homes, Inc., 4870 Sadler Rd, Suite 300, Glen Allen, VA 23060 Attn: Arbitration Election. Each party will bear the expense of its own attorneys, experts, and witnesses, regardless of which party prevails unless the arbitrator decides, based on applicable law, the rules of the AAA, or this Arbitration Agreement, that the prevailing party has a right to recover any of those fees or costs from the other party.

Enforcement of Arbitration Agreement. If any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, then the balance of this Arbitration Agreement shall remain in effect to the fullest extent permitted by law. 

Public Injunctive Relief Requests. You and we agree that any Public Injunctive Relief Request shall be adjudicated by a court after all Disputes are resolved in arbitration and that the parties will jointly request the court stay the Public Injunctive Relief Request until final resolution in arbitration. The stay may only be lifted if the arbitrator finds liability for a claim for which public injunctive relief is a remedy. Only a court may determine the validity and enforceability of this provision.  

Modification of Arbitration Agreement.  The Company may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after the Company publishes such modifications and only on a prospective basis for Disputes occurring after the effective date of such modification.

No Waiver. No failure or delay by Henry in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.

Severability. Unless otherwise expressly provided herein, any provision of these Terms of Use found to be invalid or unenforceable shall in no way invalidate the remaining provisions which will continue in full force and effect.

Entire Agreement. These Terms of Use represent the entire understanding between you and us concerning the Site and Services and, unless expressly provided otherwise, supersede all previous agreements, either oral or in writing.