Unless you exclude yourself, you are staying in the HomeAdvisor Class, which means that you cannot be part of any other lawsuit against the Defendant (or other parties released by the Settlement) about the legal claims in this case and legal claims that could have been brought in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you do not exclude yourself from the HomeAdvisor Class, you will agree to a “Release of Claims,” stated below, which describes exactly the legal claims that you give up if you get Settlement Benefits. Basically, you are releasing your right to individually sue for any violation of federal or state law based on the Defendant’s reporting to HomeAdvisor, Inc. of non-conviction count information, meaning criminal counts that did not result in convictions but were charged in a criminal case in which a conviction occurred more than seven years before the date of the report.
The “Release” contained in the Settlement Agreement states:
As of the Effective Date, all members of the HomeAdvisor Class fully, finally, completely, and forever release and discharge the Released Persons from any and all Claims, Liabilities, Proceedings, and Relief that arose on or before the Effective Date and that any HomeAdvisor Class Member ever had, now has, or may have in the future for or related to any acts or omissions that were raised or could have been raised in the Litigation. After entering into this Settlement Agreement, a HomeAdvisor Class Member may discover facts other than, different from, or in addition to those that they know or believe to be true with respect to the matters released and discharged. The foregoing release and discharge applies to Claims, Liabilities, Proceedings, and Relief known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, and without regard to the subsequent discovery or existence of such other, different, or additional facts. This release binds each HomeAdvisor Class Member, as well as HomeAdvisor Class Members’ executors, representatives, heirs, successors, bankruptcy trustees, guardians, wards, agents and assigns of any of the foregoing, and all those who claim through any of the foregoing or who assert claims on behalf of any of the foregoing.
Each HomeAdvisor Class Member, acknowledges that he is familiar with principles of law such as Section 1542 of the Civil Code of the State of California and Section 20-7-11 of the South Dakota Codified Laws, which provide:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
This Settlement Agreement provides a specific release of the HomeAdvisor Released Claims, not a general release in the sense contemplated by these laws. To the extent applicable, the HomeAdvisor Class Members hereby waive the provisions, rights, and benefits of Section 1542 of the Civil Code of the State of California and Section 20-7-11 of the South Dakota Codified Laws and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction that might apply to the fullest extent permitted by law related to all unknown claims. The HomeAdvisor Class Members hereby affirm that this waiver is knowing and voluntary. The HomeAdvisor Class Members hereby acknowledge that they are aware that they may hereafter discover claims presently unknown and unsuspected or facts in addition to or different from those that they now know or believe to be true.