General Terms v4.02

PMG Terms of Use

Effective Date: March 22, 2022

Porch Moving Group ("PMG" or "we" or "us") helps people moving from one location to another ("Users") research, engage, rate, and review a variety of moving service professionals ("Professionals" and, together with Users, "you"). The following Terms of Use outline your obligations when using the Services, defined below.

  1. Agreement to Terms

The Porch Moving Group websites available at www.hireahelper.com, www.simplemovinglabor.com, www.movingstaffers.com, www.porchmovinggroup.com, our mobile application, our related telephone services, and all related sites and mobile applications (the "Platform") and the various content, features, and services offered on and in connection with these sites, telephone services and applications (individually and collectively with the Platform, the "Services") are owned and operated by PMG and can only be accessed and used by you under these Terms of Use (including our Privacy Policy, other policies made available to you and applicable Additional Terms, the "Terms"). By creating an account, calling us, or otherwise accessing or using the Services, you agree to all of the terms and conditions of the Terms.

The Terms include a class action waiver and require binding arbitration on an individual basis to resolve disputes. The Terms also contain a disclaimer of warranties and a disclaimer of liability, as well as a release and indemnification by you. Details are set forth below.

Please review our Privacy Policy, which is part of the Terms. Some programs have additional terms, which will be posted on the Platform or otherwise communicated to you if you elect to participate in such a program ("Additional Terms"), and which are also part of the Terms. By participating in a program with Additional Terms, you agree to the applicable Additional Terms.

If you are a Professional, you are subject to theAdditional Terms for Moving Pros and any Additional Terms for specific programs for Professionals in which you participate.

  1. Changes to Terms

We may modify the Terms (including any Additional Terms, as defined below) at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. You waive any right you may have to receive specific notice of such changes. Please review the Terms each time you use the Services, as your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.

  1. The Services; Site Content.

No Responsibility or Endorsement for Professionals. Except through the Managed Moving Services, PMG does not deliver, and is not responsible for, any Professional's services. PMG is not an agent of any Professional, and Professional are not employees or agents of PMG. PMG does not engage Professionals, except through the Managed Moving Services program in which PMG books, schedules, handles payment for and otherwise facilitates certain services provided to Users by Professionals. . While we try to confirm that Professionals meet certain requirements, we cannot and do not represent or warrant that any Professional is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in a contract with us or our Service Guarantee, we do not make any guarantees, warranties or representations of any kind regarding Professionals or any Services of any Professionals, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any Professionals. You agree that PMG is not responsible for the accessibility or unavailability of any Professionals, for the products or services they provide (or do not provide) or any claim resulting from your interactions and dealings with them. The applicable Professional is solely responsible for any and all injuries, illnesses, unlawful activity or misconduct related to their provision of home-related services, regardless of whether booked through Managed Moving services directly or booked by you after connection made between you and the Professional via the Services. Except for Services booked through Managed Moving services directly, the applicable Professional is solely responsible for any provision of moving services and for any and all damages, costs, expenses, and liabilities incurred by you in connection with the fulfillment of or failure to perform the moving services. You waive the right to bring or assert any claim against PMG relating thereto.

No Guarantee for Professionals. Except as expressly provided in the Service Guarantee, you must solely look to the applicable Professional for the provision of the services relating to your service needs. Porch is merely operating the Services that help connect you with the Professional that is interested in providing the services you have requested.

Estimates. Any quote or estimate provided in connection with the Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific services in which you have expressed interest. Upon the completion of your services, you will be presented with a final invoice.

Site Content. The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of PMG (collectively, the "Content"), are the proprietary property of PMG and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Content without our express written consent is strictly prohibited. PMG reserves all rights to the Content not granted expressly in the Terms. Any material downloaded or otherwise obtained through your use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

If you are a User, we hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. If you are a Professional acting in your professional capacity, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for the purpose of providing information, products and services to Users as contemplated by the Services, subject to your compliance with the Terms.

Except as expressly permitted by the Terms, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Services. Unauthorized use of the Content is expressly prohibited by law and may result in severe civil and criminal penalties.

  1. Eligibility; Consent

If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you have created a profile and account, they may be terminated and deleted without warning if we believe that you are under 18 years of age. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.

  1. Accounts and Charges

Account. Account registration is required to receive or use certain Services. You are solely responsible for keeping your account information confidential. You may not transfer, sell, assign, or sublicense your account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your account, including access or use of the Services by any person through your account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your account. PMG will not be liable for losses incurred as a result of an unauthorized use of a password or account.

Personal information submitted through the Service is governed according to PMG's Privacy Policy.

Charges. When Professionals perform work for you through the Services, you will be charged for the services they provide ("Professional Charges"). PMG may charge you for certain services that are provided by PMG ("PMG Charges") (PMG Charges and Professional Charges, collectively, "Charges"). If PMG books, schedules, handles payment for and otherwise facilitates services provided to you by a Professional through the Managed Moving Services program, the charges to you for those services will be deemed to be PMG Charges. You will be informed of Charges before services are provided (including, any cancellation fees and terms). PMG may offer discounts from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions PMG specifies for the discount. You should confirm Charges each time you request or contract for products or services. You are responsible for paying applicable sales, use or other taxes on all Charges where required by law.

Payment. Payments for Charges are immediately due and payable to PMG upon provision of the applicable Services and are final and non-refundable except as set forth in the Terms (or, if applicable, the Service Guarantee). When you use a credit card to pay for Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with PMG, and you understand that initiating a chargeback does not extinguish your obligation to pay.

Returns; Refunds.

If you are a User receiving services from a Professional, your rights will be governed by your contract with the Professional and by applicable law. Porch will provide a refund for Professional work only under limited circumstances, as described in the Service Guarantee.

Payments for Charges that meet our or the Professional's requirements for a refund rather than a credit (as set forth in the Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.

No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.

Information you provide to us. If you submit a request for Professional services and when you open or confirm your PMG account, you will be asked to disclose certain information about yourself and your service requirements. You agree to provide us with accurate and complete information and to keep it updated, complete and correct. You certify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a name or telephone number that is not your own. If we believe that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.

If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether it's someone else's or just made up), or if you fail to keep the information in your PMG account current and correct, you agree to fully indemnify and be liable to PMG and each Professional or other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys' fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.

  1. Consent for Communications

Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Professional or a User through the Services, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.

Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages, even if your number(s) is registered on any state or federal Do Not Call list: if you are a User, by PMG, Professional and other companies that help connect you to Professionals about your project and other home-related services that may be of interest to you; and if you are a Professional, by PMG and other companies that help connect you with Users. Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.

You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to PMG or that we obtain through other lawful means.

  1. Privacy

For complete details on our use of your information, including Collected Information (as defined below), and how to opt out of receiving Porch marketing communications, please see our PrivacyPolicy.

  1. User Conduct

We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

  • Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services;
  • Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law);
  • Access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Porch does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Home Service Providers for any purpose.
  • Frame any part of the Services.
  • Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services).
  • Use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair them or that could interfere with the rights of or otherwise harm Porch, our service providers or suppliers, Home Service Providers, other Users or any other person.
  • Directly or indirectly direct persons to another online or offline location that provides products or services similar to the Services.
  • Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements, or deceptive or fraudulent behavior;
  • Infringe or violate the privacy rights, property rights or any other rights of any person or entity, or;
  • Violate any applicable law, rule or regulation.
  1. Collected Information and User Submissions

You agree and acknowledge that PMG, Professionals, and Users may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services or otherwise in connection with the Services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a PMG service and provide your Information as part of, or to be used in, that service, then Collected Information includes the provided Information.

Users Are Responsible for User Submissions. The Services may permit you and other Users and Professionals to submit Information (individually and collectively, "User Submissions"). The person or entity submitting a User Submission, and not PMG, is solely responsible for that User Submission and the consequences of submitting it. By way of example and not limitation, if a Professional provides you with advice or other information, the Professional (and not PMG) is solely responsible for that advice and information. You acknowledge and agree that PMG has no obligation to pre-screen your or anyone else's User Submissions. In no event will PMG be liable for any User Submissions, even if they contain errors, omissions, misleading, defamatory or offensive statements, or confidential, proprietary or private information, or for any loss or damage of any kind incurred as a result of their publication or use.

By submitting Information via the Services, you represent and warrant that: A) your User Submission, and the use of your User Submission as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PMG to violate any law or regulation or otherwise cause liability for PMG; and B) your User Submission could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Limited Disclosure of User Submissions. PMG will not display the address of projects or precisely pinpoint the project location on a map accessible to all Users. However, PMG and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, Professional, and other third parties involved in the Services. You further acknowledge and agree that the description of the project for which you request Professional services, all information contained in any reviews of Professionals that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.

License to User Submissions. With respect to both User Submissions and Collected Information, you grant Porch a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. You grant PMG all rights necessary to publish or refrain from publishing your name (and, if applicable, your address) in connection with your User Submissions. You represent that you are the exclusive owner of all rights in the User Submissions that you submit or have secured all legal rights necessary for such User Submissions to be used by you, PMG, and others as contemplated by these Terms of Use. You agree that PMG will not pay or otherwise compensate you for User Submissions or Collected Information.

Reviews of Professionals. You may only post a review or rating of a Professional if you have first-hand knowledge of the services provided by such Professional (that is, such Professional provided services to you). You may not accept anything of value from a Professional in exchange for posting a review or rating. You may not post or submit a review or rating of a Professional if you are (i) such Professional or an employee, contractor, director, manager or partner of, or otherwise affiliated with, such Professional, (ii) an employee, contractor, director, manager or partner of, or otherwise affiliated with, a competitor of such Professional, or (iii) related to such Professional or its employee, contractor, partner, or other affiliate, including by blood, adoption or marriage. You certify that any review or rating that you post or submit is honest and factually accurate, that you have not received any form of compensation for providing it, and that you are not prohibited under these Terms of Use from posting or submitting it.

Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions (including profiles, reviews or ratings) and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, or to choose not to do so, at our sole discretion.

  1. Suggestions.

If you elect to provide or make available to PMG any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise ("Suggestions"), PMG will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

  1. Third-Party Intellectual Property

The Services may contain third-party advertisements and links to third-party websites, services, offers, or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Platform as part of the Services. These Third-Party Materials are not owned or controlled by PMG. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by PMG. All non-PMG trademarks, product names and logos appearing on our Services are property of their respective owners.

  1. Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), PMG will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us by providing us with a written notification of the claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:

Porch Moving Group

Attn: Porch Legal Department

2200 1st Ave South

Seattle, WA 98134

[email protected]

(855) 767-2400

This email address is for DMCA notification only. If you have other questions about the Terms, please contact [email protected]

  1. Modification of Services.

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms.

  1. Termination; No Right to Services.

We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate your or anyone else's right to use the Services, in whole or in part, and to terminate, limit or prevent your or anyone else's future access to and use of the Services, at any time and for any reason (including those specifically described in the Terms).

  1. Warranty Disclaimer.

The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, PMG, its parent company Porch.com, Inc., its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Porch Parties") disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with PMG, Users, Professionals or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. PMG makes no representation or warranty about the accuracy or suitability of the Content, the User Submissions or other information displayed on the Platform or provided through the Services. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.

  1. Limitation of Liability.

In no event will the Porch Parties be liable to you or any third party for any cost of cover, lost profits or indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, PMG, Users, Professionals or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not PMG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the Porch Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, PMG, Users, Professionals or other third parties exceed the lesser of (a) the amount you have paid to Porch for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to PMG, one hundred dollars (if you are a User) or one thousand dollars (if you are a Professional). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.

  1. Indemnification.

In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Porch Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys' fees) due to or arising out of (1) your transactions with Users, Home Service Providers or other third parties, or (2) any violation by you of any of the Terms or applicable laws. Porch reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Porch in asserting any available defenses.

  1. Release.

You agree that you bear all risk and, in consideration of the Services provided by PMG, you hereby release the Porch Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Porch, Users, Professionals or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. Under the laws of the state of California, 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.

  1. Disputes

Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a "Dispute") will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, you and PMG may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at https://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Dallas, Texas or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Dallas, Texas for the purpose of entering judgments on arbitral awards.

Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Platform and/or the Services signifies your explicit consent to this waiver.

Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Dallas, Texas. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.

Governing Law. The Terms and any Dispute will be governed solely by United States and Texas state law, without regard to conflict of law provisions.

Attorneys' Fees. If any of the Porch Parties take legal action against you as a result of your violation of the Terms, the Porch Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Porch Parties.

  1. General

Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with PMG's prior written consent, but may be assigned by Porch without restriction and without notice to you.

Entire Agreement and Severability. The Terms (which, as noted above, include the Privacy Policy and any applicable Additional Terms) constitute the entire agreement between you and PMG concerning the Services and supersede all prior or contemporaneous communications of any kind between you and PMG with respect to the Services. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, and the remainder of the Terms shall remain in full force and effect.

Waiver. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Porch's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Porch Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.

Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Contact Us. If you have questions about the Terms, please contact us by email at [email protected] or in writing at 2200 1st Ave South, Seattle, WA 98134.