Contracts Contractor Terms of Use

Shogun Enterprises Inc. doing business as “Hearth” (“Hearth”, “Hearth Contracts”, “Platform”, “we”, “us” and “our”) provides software services via its website (www.gethearth.com), Hearth Contracts, in which you (“you” or “your”) can upload an existing contract template or modify an available contract template and send the contract to your customers for execution. By enrolling in this service, sending a contract to a customer for signature, you agree to these Hearth Contracts Terms of Use (“Contracts Terms”).

 

These Contracts Terms incorporate by reference and Hearth Contracts are governed by Hearth’s Terms of Use, Privacy Policy, and Financial Privacy Policy, as they may be modified from time to time (collectively, the “Hearth Policies”).  By using or otherwise accessing Hearth Contracts, you agree to the Hearth Policies.  All capitalized terms used but not defined herein shall have the respective meanings given to them in the Hearth Policies.

 

Notwithstanding anything to the contrary, you agree to all the terms and conditions set forth in the Hearth Contractor Agreement.

 

 

Hearth Contracts is a Software as Service platform. The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice.

 

The use of Hearth Contracts nor any of its information are not intended to create an attorney-client relationship. By using Hearth Contracts, you explicitly acknowledge that you do not intend to establish an attorney-client relationship.  The content of any unsolicited email sent to Hearth or any of its employees at an email address available on this website will not create an attorney-client relationship and the contents of such unsolicited email shall not be considered confidential.

 

You promise not to describe or hold out to the public or any other party, that Hearth is your legal counsel or legal advisor. When describing the Hearth Contracts to any third party, Contractor promises to clarify that Hearth Contracts is a software platform that allows for the digital creation and transmission of contracts for execution.

 

You agree to pay any applicable taxes, fees, or assessments that are charged by any federal, state, or local authority. You agree to permit Hearth to charge the same payment method (for instance, a credit card or debit card) provided to Hearth for purposes of satisfying these obligations.

 

Any contracts transmitted and executed through Hearth Contracts are between you and your Customer.  You understand that Hearth is not a party to any such transactions or contracts entered into between you and any of your Customers.  TO THE FULLEST EXTENT PERMITTED BY LAW, HEARTH MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE HEARTH CONTRACTS PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONTRACT DISPUTES, ERRORS, OR ANY OTHER CIRCUMSTANCES BEYOND HEARTH’S CONTROL OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH HEARTH CONTRACTS.

 

You represent and warrant that you will (a) only send contracts through the Platform for services you have been engaged to perform; (b) include only payment information that both parties have agreed to; and (c) comply with all applicable laws, including the California Consumer Privacy Act and the Gramm-Leach-Bliley Act of 1999.   To the extent the Customer is a Hearth Loan Request User, as defined in Hearth’s Terms of Use, you represent that you have in no way required or attempted to require the Customer to exclusively use the Hearth Contracts Platform as the sole method to execute the agreement.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARTH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT HEARTH CONTRACTS.  HEARTH’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING HEREUNDER SHALL BE LIMITED TO THE LIABILITY LIMITATIONS IN THE HEARTH CONTRACTOR AGREEMENT.

 

In addition to indemnification under the Hearth Contractor Agreement and Hearth’s Terms of Use, you agree to indemnify and hold harmless Hearth, it Affiliates and licensors, and each of their respective officers, directors, employees, agents and successors and assigns (each, a “Company Indemnitee”), from and against any and all claims, actions, suits, demands, causes of actions, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each Company Indemnitee (including but not limited to cost of defense, investigation and reasonable attorneys’ fees), which are attributable to or arise from any disputes between you and your Customer. If and as requested by Hearth, you agree to defend, at your cost, each Company Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing, provided that you shall not settle any claim, action or suit without the prior written consent of Hearth. HEARTH HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT.

 

These Terms of Use are subject to change at our sole discretion. We will notify you of any amendments to these Terms of Use at least five (5) days prior to the effective date. If you do not agree with these Terms of Use, please do not access Hearth Contracts Platform and its services.

 

In all other respects, the Hearth Policies shall remain unchanged and in full force and effect in accordance with the terms thereof.  In the event of any conflict between this Contracts Terms, Hearth Contractor Agreement, and the Hearth Policies, the provisions shall govern in the following order: this Contracts Terms, the Hearth Contractor Agreement, and the Hearth Policies.  This Contracts Terms is governed by the laws of the State of Texas.