Terms of Service

ALL INCLUSIVE LEASE/RENTAL
If you are leasing/renting the lights then the agreement includes all materials, clips, timers, extension cords, decorations, etc. Midas Home Maintenance Corp will service and maintain the lights and decorations for the contracted time-frame including repairs, maintenance, replacements of parts, decorations, and accessories during the lease term in the event that the item(s) fail to light. As an all-inclusive lease/rental, the materials remain property of Midas Home Maintenance Corp. The client is renting the lights and decorations for the agreed upon term.

REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES
Each party signing this Agreement represents and warrants that s/he is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified only by and through the mutual agreement of all parties. No supplement or modification of this Agreement shall be binding unless done so in writing and signed by all parties to this Agreement.

GENERAL WAIVER
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
Neither of us shall be liable to the other for indirect, incidental, special, punitive or exemplary damages that result from the performance or the failure to perform any duties under this Agreement. You hereby acknowledge and agree that in any and all events, our liability to you for any damages that you may incur as a result of our acts or omissions or negligence shall not exceed the greater of available insurance or the fee charged for the service under this Agreement.

ENTIRE AGREEMENT & EFFECT
This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. This Agreement shall be binding upon and shall inure to the benefit of Consultant and the Client and to the Consultant’s successors and assigns, if any. This Agreement shall be construed to permit the assignment by Consultant of its rights or obligations arising under this Agreement. Furthermore, the Client shall require any subsequent successor, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all of the business and/or assets of the Client to assume expressly and to agree to perform this Agreement in the same manner and to the same extent that the Client would be required to perform it if no such succession had taken place. The Client’s failure to do so will be a breach of this Agreement.

ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included. In the event that any court determines that any of the covenants, provisions or restrictions to be excessive in duration or scope, or to be unreasonable or unenforceable under the laws of that state, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state.

GOVERNING LAWS
The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of New York or New Jersey applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in New York shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.

JURISDICTION AND VENUE:
Any legal action, dispute, or claim arising out of or related to this Agreement shall be filed and exclusively venued in the state and/or federal courts located in Middlesex County, New Jersey, and each party consents to the personal jurisdiction of these courts. Both parties agree that Middlesex County, New Jersey, shall be the exclusive and sole venue for any legal proceedings.

Mutual Attorney’s Fees Provision:
In the event of any dispute, claim, or legal action arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and related expenses. However, if the dispute arises from the customer’s failure to make payment or to perform contractual obligations, Midas Holiday Lighting LLC shall be entitled to recover all reasonable attorneys’ fees and costs incurred in enforcing this Agreement, whether or not formal legal proceedings are initiated.

PAYMENT AS CONSENT IN LIEU OF SIGNATURE
Payment shall constitute your acceptance of the terms and conditions in lieu of signature and shall carry the same weight and force as if signed in person or digitally.

ELECTRONIC SIGNATURES
The facsimile, email or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
THE SIGNER(S) HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by signing this Agreement (pg 1), all parties agree to all of the aforementioned terms, conditions and policies.