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Terms & Conditions of Use
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HomeAdvisor Terms and Conditions
HomeAdvisor is a service of ImproveNet, Inc. and these Terms & Conditions constitute
the binding agreement between you, the user, and ImproveNet, Inc., regarding your
use of the HomeAdvisor phone number, HomeAdvisor.com Web site and its services.
Where applicable, references in these Terms & Conditions to the services on the
HomeAdvisor Web site also include the phone-based services of HomeAdvisor.
This Web site is offered to you, conditioned on your acceptance without modification,
of the following terms, conditions, and notices contained in this agreement ,
as well as the privacy policy (the "Terms and Conditions").
Your use of this Web site constitutes your agreement to all such terms, conditions,
and notices in effect at such time. If you have any questions regarding these
Terms & Conditions, you may contact us at www.homeadvisor.com. We may amend
these Terms & Conditions at any time; Changes to these Terms & Conditions will
be in writing and will be posted on our Web site as applicable. Please check these
terms periodically for changes. At the top of the policy we indicate the date
of an update. The continued use of any HomeAdvisor services or of the applicable
HomeAdvisor affiliated web sites following the posting of changes to these
terms will mean you accept those changes.
Terms & Conditions:
1. HOMEADVISOR SERVICES. Upon entering the required information and
the geographic area for which you would like a list of Service Professionals ("service
request"), we will display a list of Service Professionals in your area.
However, we do not guarantee that there are Service Professionals in your geographic area that either are capable or willing to complete your service needs. We make no, and explicitly disclaim any, guarantees or representations regarding the skills or representations of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals. HomeAdvisor does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Service Professional, you must address such dispute with the Service Professional directly, AND YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE HOMEADVISOR MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
2. INFORMATION YOU PROVIDE TO US. Upon using the HomeAdvisor services,
you may be prompted to disclose certain information about your service requirements.
In the event you choose to provide HomeAdvisor with personally identifiable
information about yourself, By providing this information to us, you expressly
consent to being contacted by us and our parent companies, subsidiaries and affiliates
via phone, fax, email, mail or other reasonable means, at any of your contact
numbers or addresses, even if you are listed on any federal, state, provincial
or other applicable "Do Not Call" list, in order that we may provide the services
for which you have provided your personally identifiable information. For complete
details on our use of your information, please see our Privacy
Policy.
3. YOUR USE OF THE HOMEADVISOR SERVICES. You acknowledge and agree that
your use of the HomeAdvisor services is for your personal use and not for any
commercial or advertising purposes. You agree that all of the content and information
posted on the HomeAdvisor Web site is the sole and exclusive property of HomeAdvisor,
and that you have no right to reproduce, post, publish, or otherwise use such
information other than for your personal use relating to your service request.
You acknowledge that a violation of the foregoing could result in significant
damages, and you agree that you are liable to HomeAdvisor for any such damages,
and will indemnify HomeAdvisor in the event of any third party claims against
HomeAdvisor based on or arising from your violation of the foregoing. We reserve
the right to revoke your access to the HomeAdvisor Web site and services at
any time. All information about Service Professionals is confidential and for
your personal use only. If it is determined or suspected by HomeAdvisor in
its sole discretion that you are misusing or attempting to misuse or circumvent
the HomeAdvisor services or system, or are using or attempting to use them
for any inappropriate, non-personal, or commercial purposes, including but not
limited to activities such as hacking, infiltrating, fraud, advertising, jamming
or spamming, HomeAdvisor reserves the right, in its sole discretion, to immediately
terminate your access without notice and to initiate without notice appropriate
legal actions or proceedings to seek appropriate remedies and/or damages, including
but not limited to lost revenue, repairs, legal fees, costs and expenses, and
to seek injunctions or other equitable remedies.
4. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE.
Permission to use documents (such as press releases, datasheets, content, informational
items and FAQs) from the HomeAdvisor server ("Server") is granted, provided
that (1) the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such documents from the Web
site is for your informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Educational institutions (specifically
K-12, universities and state community colleges) may download and reproduce the
Documents for distribution in the classroom. Distribution outside the classroom
requires express written permission of HomeAdvisor. Use for any other purpose
is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Documents specified
above do not include the design or layout of the HomeAdvisor Web site or any
other HomeAdvisor owned, operated, licensed or controlled site. Elements of
HomeAdvisor Web sites are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted
unless expressly permitted by HomeAdvisor. HOMEADVISOR AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
5. LINKS TO THIRD PARTY SITES. The links in the HomeAdvisor Web site
will let you leave HomeAdvisor's Web site. The linked sites are not under the
control of HomeAdvisor and HomeAdvisor is not responsible for the contents
or functionality of any linked site or any link contained in a linked site, or
any changes or updates to such sites. HomeAdvisor is not responsible for webcasting
or any other form of transmission received from any linked site. HomeAdvisor
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by HomeAdvisor of the site. Please see the
terms and conditions of any such linked sites for the conditions of your use of
such sites.
6. SERVICE PROFESSIONAL PROFILES. HomeAdvisor allows Service Professionals
to post profiles about themselves and their business on the HomeAdvisor Web
site. HomeAdvisor does not review or verify the information or representations
set forth in those profiles, as they are self-reported by the Service Professional.
7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES,
PARENT COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER
PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING
ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE
HOMEADVISOR SERVICES OR IN CONNECTION WITH THE HOMEADVISOR WEB SITE OR YOUR
VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY
RIGHTS OF A THIRD PARTY.
8. GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor
services are provided to you on an "AS IS" basis without any warranty whatsoever,
and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you
or any third party for any claim arising out of your use of the HomeAdvisor
services or the HomeAdvisor Web site, is that you are free to discontinue your
use of the HomeAdvisor services or the HomeAdvisor Web site at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOMEADVISOR EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND YOU AGREE THAT HOMEADVISOR
SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HOMEADVISOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT
OR ANY CONSEQUENCES WHICH FLOW FROM IT, OR YOUR USE OF THE HOMEADVISOR WEB
SITE. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. These Terms and Conditions will inure to the benefit of HomeAdvisor's
successors, assigns and licensees. If any provision of these Terms and Conditions
shall be deemed unlawful, void or unenforceable, for any reason, by any court
of competent jurisdiction that provision shall be modified in order to make it
enforceable, while maintaining the spirit of the provision. Alternatively, if
modification is not possible, such provision shall be stricken and shall not affect
the validity and enforceability of the remaining terms. The failure of HomeAdvisor
to exercise or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the HomeAdvisor services or the Terms and Conditions
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the Terms and Conditions are for convenience
only and have no legal or contractual effect. These Terms and Conditions are governed
by the laws of the State of Colorado as such laws are applied to agreements entered
into and to be performed entirely in the State of Colorado and between Colorado
residents. You agree to submit to jurisdiction in Colorado and that any claim
arising under these Terms and Conditions will be brought solely in a court in
Denver County, Colorado.
© , HomeAdvisor. All rights reserved.
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