Last update 7/4/2023
For our privacy policy please click here.
NOTICE OF ARBITRATION AGREEMENT:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS
ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION,
RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR MATTERS
THAT MAY BE TAKEN TO SMALL CLAIMS COURT). PLEASE SEE SECTION 10 FOR
MORE INFORMATION.
Please review these terms and conditions of
use (the "Terms and Conditions" or “Terms”) carefully
before using ______________.com (the “Site”) and the various
content, features, and services offered on and in connection with the
Site (the “Services”). The Site is owned and operated by
_________ (“Company”, “We”, “Us”, “Our”, or “Ours”)
and, by accessing and using the Site and the Services, you accept and
agree to these Terms and Conditions. If you do not agree to these
Terms and Conditions, you may not access or otherwise use the Site
and the Services. You may only use the Site if you are domiciled in
the United States and you are 18 years old or older.
- Site
and Services
1.1 The Site provides content and referrals related to emergency home
repair products, services, and professionals. The service provided by
the Site is for general educational, informational, and research
purposes only and is not an endorsement, recommendation, or guarantee
of any service, product, or professional. No advice or information,
whether oral or written, obtained by you from the Site or the
Services shall create any warranty of any kind.
1.2 The Site is
not involved in any transactions between you and a third-party
service provider who receive referrals as a result of information
provided by you on the Site (the "Contractor(s)"). In using
The Site's contractor matching service, you acknowledge that we are
not acting as your general contractor, agent, or advisor. Therefore,
it is your sole responsibility to make whatever investigation a user
deems necessary to select a Contractor and to negotiate the terms for
any work performed. You may want to consult with appropriate expert
advisors to assist in your home improvements, including a lawyer
regarding contracts, permits, and other necessary job documentation
and an insurance professional regarding the Contractor's and your own
insurance coverage requirements.
1.3 We do not
recommend or endorse any specific Contractor or service provider. The
Site has no control over the quality or legality of any services
provided by the Contractors to users or the quality or suitability of
a given Contractor for a given user. We will only charge you a fee
for using our platform if the Contractor arrives at your location on
or before the time indicated by the Contractor. You will need to pay
the Contractor separately for their services fees and trip charge.
Your transactions with any Contractor are governed by a contract
between you and Contractor.. If you are not satisfied with the
Contractor’s work or have any disputes regarding the Contractor’s
fees, you will need to address those matters with the Contractor
directly. You agree that should you engage any Contractor, we are not
responsible or liable, indirectly or directly, for any damage or loss
caused or alleged to be caused by or in connection with such
engagement. A Contractor is responsible for complying with the
applicable laws, including but not limited to federal and state
Telephone Consumer Protection Act laws and data privacy laws, when
dealing with you.
1.4 The materials
provided by the Site are for convenience and information only. The
Site may post advertisements, paid content and other sponsored
information on this Site or in email communications. The acceptance
by The Site of advertising is not intended as and does not in any
manner constitute a recommendation, endorsement, or approval of third
parties featured in such sponsored advertisement or information by
The Site. The Site shall not be liable for any loss or damage of any
sort incurred as a result of any dealings with any advertiser or as
the result of the presence of such advertisers on the Site.
- Third-Party Websites
We may provide links or otherwise direct you to third party or
Contractors’ websites. We do not control or operate any such third
party or Contractors’ websites. Any information you provide to
those third party or Contractors while on their websites is subject
to the respective terms of those websites. It is your responsibility
to review such third party or Contractors’ online terms, including
any relevant privacy policies. You agree that we will not be
responsible or liable for, and do not endorse any content,
advertising, goods or services provided on or through these external
websites or for your use or inability to use such websites. We do not
make any representations or warranties as to the security of any
information (including, without limitation, credit card and other
personal information) you might be requested to give to any third
party or Contractors. You use these third party or Contractors’
websites at your own risk.
- User Submissions
“User
Submissions” means all content submitted, posted, uploaded, published,
or transmitted on or through the Site by you, including but not limited
to profile information, descriptions, postings, reviews, requests and
messages made through our platform, but excluding our content.
User
Submissions will be our property. In addition, none of the User
Submissions will be subject to any obligations of confidentiality and we
will not be liable for any future use or disclosure of such
Submissions.
- Intellectual Property Rights
4.1
Your use of the Site and Services does not grant you ownership of any
content, code, data or materials you may access on the Site. Any
commercial use or exploitation of the Site or Services is strictly
prohibited. Subject to the terms herein, we grant you a nonexclusive,
nontransferable, non-sublicensable, and revocable license to access and
use the Site and Services for your personal use. You may not otherwise
copy, reproduce, distribute, sell, modify or otherwise exploit the Site
or Services or any of their content for any purpose except for your
personal use in accordance with the Terms, without our express written
consent.
4.2 Third-party marks referenced on the Site are the
property of their respective owners and are being used on the Site to
refer to the third-party mark owners and their relevant products and
services. Such usage does not imply endorsement of any such third-party
mark owners.
- User Conduct
5.1
You warrant and agree that, while using the Site, you shall not upload,
post or transmit to or distribute or otherwise publish through the Site
any materials that: (a) are protected by copyright, or other
proprietary or intellectual property right, without first obtaining
permission from the proprietary or intellectual property rights holder;
(b) are untruthful, hateful, unlawful, threatening, harassing, profane,
tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent,
contain explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of
individuals), or invasive of another’s privacy, (c) restrict or inhibit
any other user from using and enjoying the Site, (d) constitute or
encourage conduct that would constitute a criminal offense or give rise
to civil liability, or contain a virus or other harmful component,
advertising of any kind, or false or misleading indications of origin or
statements of fact.
5.2 You also warrant and agree that you
shall not: (a) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) upload, post, publish,
transmit, copy, reproduce, frame, distribute or in any way exploit any
information or other material obtained through the Site for commercial
purposes; (c) modify, translate into any language or computer language,
or create derivative works from, any part of this Site; (d) reverse
engineer any part of the Site; (e) sell, offer for sale, transfer, or
license any portion of the Site or the Services in any form to any third
parties; (f) engage in spamming, flooding, harvesting of e-mail
addresses or other personal information, spidering, "screen scraping,"
"database scraping," or any other prohibited or inappropriate activity
via the Site or the Services; (g) attempt to gain unauthorized access to
other computer systems through the Site Or the Services, or (h) use or
access the Site in any way that, in our sole discretion, adversely
affects the performance or function of the Site or any other computer
systems or networks used by us or the Site, or infringes on our
copyright or any copyright of our Contractors; or (f) violate these
Terms and any applicable local, state, national or international laws,
rules and regulations
5.3. The Site and the Services should not
be used by children under the age of 18. The Site is directed at adults
and by accessing the Site, you are affirming that you are 18 years of
age or older.
- Updates
We
reserve the right to modify, update, suspend or discontinue the Site
and Services, in whole or in part, at our sole discretion for any reason
or no reason, at any time and with or without notice. We shall not be
liable to you or any third party for any such modification, update,
suspension or discontinuance. From time to time, we may revise the Terms
and Conditions effective upon posting the modified Terms and
Conditions, with or without additional notice to you. Your continued
access to and use of the Site and the Services constitutes your
acceptance of such modified Terms and Conditions. It is your
responsibility to check the Site regularly for modifications to the
Terms.
- DISCLAIMER OF WARRANTIES
THE
SITE AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT THAT THE SITE OR THE
SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT
DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU
SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION.
- LIMITATION OF LIABILITY
8.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
COMPANY AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
(COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, (A) THE USE
OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, (B) THE SITE OR
THE SERVICES, INLCUDING BUT NOT LIMITED TO THE CONTENT POSTED ON THE
SITE, (C) ANY BREACH OF THESE TERMS BY COMPANY OR OUR FAILURE TO PROVIDE
THE SERVICES, (D) THE COST OF ANY SERVICES PURCHASED AS A RESULT OF THE
USER OF THE SERVICES, (E) DISCLOSURE OF, UNAUTHORIZED ACCESS TO YOUR
INFORMATION OR CONTENT, (F) ANY THIRD PARTY’S STATEMENTS OR CONDUCT,
INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS
OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IN NO EVENT WILL
THE PROTECTED ENTITIES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF YOURS OR PERSONAL INJURY THAT ARISES IN
CONNECTION WITH USE OF THE SITES AND SERVICES.
8.3 IN NO EVENT
WILL THE TOTAL, AGGREGATE LIABILITY OF THE PROTECTED ENTITIES, ARISING
FROM OR RELATING TO THE TERMS, THE SITE AND THE SERVICES EXCEED THE
TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU HEREUNDER, OR ONE
HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
8.4
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY,
SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT
DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL
APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.
- INDEMNITY
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROTECTED ENTITIES
FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES,
DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS
ARISING OUT OF, BASED ON OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF
THE SITE AND SERVICES, VIOLATION OF THESE TERMS BY YOU, THE CONTENT OR
OTHER INFORMATION SUBMITTED OR TRANSMITTED BY YOUR, AND YOUR WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE.
- ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
10.1
Both parties agree that these Terms affect interstate commerce and that
the Federal Arbitration Act governs the interpretation and enforcement
of these arbitration provisions.
This Section is intended to be
interpreted broadly and governs any and all disputes between both
parties, including but not limited to claims arising out of or relating
to any aspect of the relationship between parties, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal
theory; claims that arose before this Agreement or any prior agreement
(including, but not limited to, claims related to advertising); and
claims that may arise after the termination of this Agreement. The only
disputes excluded from this broad prohibition are the litigation of
certain intellectual property and small court claims, as provided below.
10.2 By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
a.
Initial Dispute Resolution: To expedite resolution and reduce the cost
of any dispute, controversy or claim, past, present, or future, between
you and us, including without limitation any dispute or claim related to
or arising out of this Agreement ("Dispute"), both parties may attempt
to negotiate any Dispute informally (the "Informal Negotiations") before
initiating any arbitration or court proceeding. Such Informal
Negotiations will commence upon written notice. Your address for any
notices under this Section is your physical address that you have
provided to us. Our address for such notices is:__________________.
b.
Binding Arbitration: If the parties do not reach an agreed-upon
solution within a period of thirty (30) days from the time Informal
Negotiated are initiated under the Initial Dispute Resolution provision
above, both parties agree to resolve any and all Disputes (except those
Disputes expressly excluded below) through final and binding arbitration
("Arbitration Agreement"). The arbitration will be commenced and
conducted before a single arbitrator under the Commercial Arbitration
Rules (the "AAA Rules") of the American Arbitration Association ("AAA")
and, where appropriate, the AAA's Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website (www.adr.org). Your arbitration fees and your share of
arbitrator compensation will be governed by the AAA Rules (and, where
appropriate, limited by the AAA Consumer Rules). If you are unable to
pay such costs, we will pay all arbitration fees and expenses. Each
party will pay the fees for his/her or its own attorneys, subject to any
remedies to which that party may later be entitled under applicable
law. The arbitrator will make a decision in writing. Additionally, the
arbitrator, and not any federal, state, or local court or agency, shall
have the exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation of this
Arbitration Agreement, including but not limited to any claim that all
or any part of these Terms or Privacy Policy is void or voidable,
whether a claim is subject to arbitration, or the question of waiver by
litigation conduct. However, the preceding sentence shall not apply to
the "Class Action Waiver" described in Section 10.4 below. The
arbitrator will be empowered to grant whatever relief would be available
in a court under law or in equity. The arbitrator's award will be
written and will be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction.
The parties
understand that, absent this mandatory arbitration provision, they would
have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could
exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
If you are a resident of the
United States, arbitration may take place in the county where you reside
at the time of filing. For individuals residing outside the United
States, the arbitration will be initiated in the state of Texas, United
States. Both parties further agree to submit to the personal
jurisdiction of any federal or state court in Dallas County, Texas in
order to compel arbitration, to stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
10.3 A party who wishes to arbitrate a Dispute
covered by this Arbitration Agreement must initiate an arbitration
proceeding no later than the expiration of the statute of limitations
that applicable law prescribes for the claim asserted. The arbitrator
shall apply the statute of limitations that would have applied if the
Dispute had been brought in court. The arbitrator may award any remedy
to which a party is entitled under applicable law, but remedies shall be
limited to those that would be available to a party in their individual
capacity, and no remedies that otherwise would be available to an
individual under applicable law will be forfeited. The arbitrator is
without authority to apply any different substantive law. The parties
have the right to conduct adequate civil discovery and present witnesses
and evidence as needed to present their cases and defenses, and any
dispute in this regard shall be decided by the arbitrator.
10.4
To the fullest extent permitted by applicable law, both parties further
agree that the arbitration will be conducted in their individual
capacities only and not as a class action or other representative
action, and the parties expressly waive their right to file a class
action or seek relief on a class basis. BOTH PARTIES AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or
unenforceable for any reason or that an arbitration can proceed on a
class basis, then the arbitration provisions set forth above will be
deemed null and void in their entirety and the parties will be deemed to
have not agreed to arbitrate disputes.
10.5 Both parties agree
that the following Disputes are excluded from this Arbitration
Agreement: (1) any Dispute seeking to enforce or protect, or concerning
the validity of, any of your or our intellectual property rights; (2)
individual claims in small claims court; (3) any claim that an
applicable federal statute expressly states cannot be arbitrated; and
(4) any claim for injunctive relief.
10.6 30-Day Right to
Opt-Out: You have the right to opt out and not be bound by the
arbitration and class action waiver provisions set forth above by
sending (from the email address you use on your account) written notice
of your decision to opt out to ________________with the subject line,
"ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent
within thirty (30) days of the later of the Effective Date of these
Terms or your first use of the Platform; otherwise, you will be bound to
arbitrate disputes in accordance with the terms of those paragraphs. If
you opt out of these arbitration provisions, we will not be bound by
them, either.
10.7 Changes to This Section: we will provide
thirty (30) days' notice of any changes affecting the substance of this
Arbitration and Class Action Waiver section by posting on our Terms,
sending you a message, or otherwise notifying you when you are logged
into your account. Amendments will become effective thirty (30) days
after they are posted on our Terms.
Changes to this section will
otherwise apply prospectively only to claims arising after the 30th day.
If a court or arbitrator decides that this subsection on "Changes to
This Section" is not enforceable or valid, then this subsection will be
severed from the section entitled “Arbitration and Class Action Waiver,”
and the court or arbitrator will apply the first Arbitration and Class
Action Waiver section in existence after you began using the Platform.
10.8 Survival: This Arbitration and Class Action Waiver section will survive any termination of your account or the Services.
- Governing Law
You
agree that all matters relating to your access to or use of the Site
and Services, including all disputes, will be governed by the laws of
the State of Texas without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and
federal courts in Dallas County, Texas for the purpose of litigating all
such claims or disputes that are not subject to arbitration, and waive
any objection to such jurisdiction or venue.
- Termination
12.1
We may terminate your privilege to use or access the Sites and Services
immediately and without notice for any reason whatsoever. Upon such
termination, you must immediately cease accessing or using the Sites and
Services. Furthermore, you acknowledge that in addition to and not in
substitution for any other rights and remedies available to us, we
reserve the right to take action -- technical, legal or otherwise -- to
block, nullify or deny your ability to access the Sites and Services.
12.2
All provisions of these Terms which by their nature should survive
termination shall survive the termination of your access to the Sites
and Services, including, without limitation, provision regarding
intellectual property, warranty disclaimers, indemnity, and limitations
of liability.
- Miscellaneous
These
Terms constitute the entire agreement between you and us with regard to
your use of the Site and Services, and any and all other written or
oral agreements or understandings previously existing between you and us
with respect to such use are hereby superseded and canceled. Our
failure to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. If
any provision of the Terms and Conditions is found by a court of
competent jurisdiction to be invalid, the parties agree that that
provision shall be limited or eliminated to the minimum extent necessary
so as to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action by you arising out of
or related to use of the Site or the Terms must be filed by you within
one (1) year after such claim or cause of action arose or be forever
barred. If we are required to bring any action or suit to enforce your
obligations hereunder or to pursue any remedies we may have for your
violation of the Terms and Conditions, we shall be entitled to recover
from you, in addition to any other rights and remedies we may have, all
reasonable expenses and attorneys' fees for such suit and/or
enforcement. You may not assign the Terms and Conditions or delegate any
right hereunder without our prior written consent.
