Terms Of Use

Acceptance of Terms of Use

This Website requires that all visitors (“you”) to the Website abide by the following Terms of Use (“TOU”). By accessing and using this Website you indicate your agreement to these TOU. If you do not agree to these TOU, please do not access or use this Website.

Rights

Help Find My Contractor (“HFMC”) owns this Website and retains the rights to all text, logo or graphic images appearing herein, and all such material is protected by copyright, trademark, and other laws. Nothing in these TOU transfers any rights in such materials to you or any third party.

Description of Services

This Website provides you with access to information concerning products and services offered by the Websites affiliated service providers (collectively “Services”). This Website will attempt to match you with up with multiple service professionals in your area interested in providing you the services you request. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs. The Services, including any modifications, deletions, updates, enhancements and new features (collectively “the Website Changes”) are subject to these TOU. This Website does not directly provide the services or products offered on the Website. We work with affiliated service providers to find you products or services to meet your needs. In these circumstances you may be redirected to the applicable affiliated service provider’s Website after you have completed the application page on our Website, or we may collect and send your personal information to the respective affiliate service provider. Your application will subject you to these TOU and the privacy policy of the affiliated service providers as well as ours. Our affiliated service providers are carefully chosen, however they are independent parties or entities and we do not endorse or guaranty any service professional’s performance on the job or the outcome or quality of the services performed, nor are we responsible for the accuracy of their privacy policies and/or their terms of use.

This Website may permit you to request a quote for services or a product from one or more third parties, including, but not limited to home improvement contractors and trades people. If you provide your personally identifiable information on the Website and request a quote we may share your personally identifiable information with our affiliates or to other third parties. The affiliate or third party may also share any personally identifiable information provided by you in connection with your request for a quote.  By filling out our application form or request for a quote on the Website, you expressly consent to such disclosure and use of your personally identifiable information. Furthermore, you expressly consent to the affiliate or third party conducting any research necessary to provide you with a requested quote.  Requested service providers may need to share your personally identifiable information to conduct such research.

The Website reserves the right to make any Website Changes at any time and in any manner, without prior notice.

Website for Personal Use

The Services offered on this Website are for your personal use. Except as otherwise expressly stated, you may not modify, copy, distribute, transmit, display, perform, publish, license, create or derive works from, transfer, or sell any information, software, products or services obtained from the Services.

No Guarantees or Endorsements

We make no guarantees or representations regarding the skills or representations of service professional or the quality of the job that he or she may perform for you if you elect to purchase their services. We do not guarantee or warrant any service professional’s performance on the job or the outcome or quality of the services performed. The service professionals are not our employees or agents and we are not an agent of the service professionals. We do not endorse or recommend the services of any particular service professional. It is solely your responsibility to evaluate a service professional’s qualifications, and to enter into a direct contract with a service professional.

No Contracting Through This Website

Any offers or discounts made by a service professional are made solely by them, and we do not guarantee or warrant the pricing or discounts that a service professional may offer you. Quotes provided by Service Professionals are not contractually binding offers, are for informational purposes only, and cannot be accepted through this Website. You must contract directly with the service professional and we do not perform, and are not responsible for, any of the services requested by you.

Release from Damages or Claims

You must resolve any contract disputes with YOUR service professional directly and AGREE TO RELEASE THE OWNERS AND OPERATORS OF THIS WEBSITE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) 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.

No Prohibited or Unlawful Use

As a condition of your use of this Website and the Services, you agree that you will not use the Services for any purpose that is prohibited by these TOU or unlawful. You may not use the Services in any manner that could damage, disable, overburden, or impair any Website server, or the network(s) connected to any Website server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services provided by the Website. All information about our service professionals is confidential and for your personal, non-business use only. If, in its sole discretion, HFMC finds that you are misusing or attempting to misuse or circumvent the HFMC services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, HFMC reserves the right to immediately terminate your access to this Website without advance notice and to initiate  such legal actions or proceedings necessary to seek the appropriate remedies and/or damages, including but not limited to lost revenue, costs and expenses, legal fees and injunctive or other equitable relief. You further agree that you will not use the Website content or our service professionals’ profiles data to solicit our service professionals for any purpose other than your personal, non-commercial use, to compete with HFMC, or for any other purpose not contemplated herein. You agree that any violation of the foregoing will result in significant damages to HFMC, for which damages you agree to be liable. You agree to indemnify HFMC for any third party claims against HFMC based on or arising from your violation of any terms of this Agreement. HFMC reserve the right to revoke your access to any of its products or properties at any time.

Privacy Policy

We are committed to the highest standards in protecting and safeguarding your right to privacy while using the Services. For further information, please see our Privacy Policy. You acknowledge and agree that by providing the Website with any personal or proprietary information through the Services, you consent to the transmission of such personal or proprietary information as necessary for processing in accordance with Website’s standard business practices. You should be aware that other websites not owned by HFMC (“Linked Sites”) may contain transmission of personal data provisions that differ from the provisions provided herein. The Website is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. For further information on how we use your personal information, please see our Privacy Policy.

Consent to Be Contacted

By your use of this Website you are requesting and expressly consenting to being contacted by our service professionals and/or HFMC by telephone, email, mail, fax or other means for any purpose and/or marketing message related to our services or your request, even if you are listed on any federal, state or other applicable “Do Not Call” list.

Children

We do not knowingly solicit data online from, or market online to, or provide services to children under the age of 13.

Third Party Service Providers

The Website may contain links to, or information about other parties that may provide services or information of interest to you. The HFMC is not responsible for the services, information or products offered by the third party service providers. We do not endorse or guarantee the content, information, products or services provided by third party service providers.

The selection of a third party service provider included on this Website and the transaction of business with that party is your sole responsibility and should be undertaken only after a thorough investigation. The third party service provider is solely responsible for its actions and services to you, and you agree that the HFMC shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any service provider.

Where permitted by law, the Website may receive marketing fees from a third party service provider. Your use of this Website is your agreement with this compensation arrangement.

Linking

A link to a third party’s website (“Linked Sites”) does not mean that this Website endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. You agree that this Website has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this the Website. Website is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Disclaimer of Warranties

THE CONTENT, SERVICES, FORMS, DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THIS WEBSITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH THIS WEBSITE, WHICH YOU MAY VISIT THROUGH THIS SITE, ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BY THIS WEBSITE, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THIS WEBSITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VIII) THAT THIS WEBSITE, SERVICES OR DOCUMENTS IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY THIS WEBSITE TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.

THE WEBSITE, SERVICES, FORMS AND DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE WEBSITE AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES, FORMS AND DOCUMENTS AT ANY TIME AND FROM TIME TO TIME.

Limitation of Liability

THE WEBSITE AND HFMC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, WHETHER ARISING UNDER THESE TOU OR OTHERWISE AND EVEN IF THE WEBSITE OR HFMC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES,TROJANS,WORMS, OR OTHER MALICIOUS DIGITAL CODE THAT MAY INFECT A USER’S EQUIPMENT; THE FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS; UNAUTHORIZED ACCESS; THEFT; OPERATOR ERRORS; STRIKES OR OTHER LABOR PROBLEMS; OR ANY FORCE MAJEURE EVENT.

Your sole and exclusive remedy, and HFMC’s sole obligation to you or any third party for any claim arising out of your use of the website or HFMC services or THE Service Providers, is that you are free to discontinue your use of the Website and HFMC services or THE Service Providers at any time.

IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEBSITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.

Indemnification

You agree to defend, indemnify, and hold the HFMC, its affiliates, subsidiaries, parent company and their officers, directors, employees, agents, and contractors harmless from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way related to your use of the Website, the Services, the Service Providers, Forms or the Documents including any third party claims and any dispute between you and a Service Provider you have chosen.

Termination

We reserve the right to discontinue providing or terminating your access to the Website at any time.

Governing Law/Jurisdiction

You agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles, will apply to all matters relating to the use of this Website. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of this Website shall be only in the federal or state court with competent jurisdiction in the State of Florida. You consent to the exercise of personal jurisdiction by such courts in any such action.

Statute of Limitations

Regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of this Website must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Arbitration

Any claim, dispute or controversy between you and this Website, HFMC (or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of you or this Website or HFMC) arising from or relating to the use of this Website, the Services of this Website, or these TOU (“Claim”), shall be resolved by binding arbitration pursuant to the applicable rules of the American Arbitration Association in effect at the time the Claim is filed. This includes Claims of every kind and nature, including Claims relating to the validity, enforceability or scope of this Arbitration Agreement and the remainder of these TOU; Claims relating to any advertising or promotional materials that contain information about these TOU or this Website, Services, Forms or Documents; initial claims, counterclaims, cross-claims and third-party claims; and Claims based upon contract, tort, fraud, misrepresentation and other intentional torts, constitution, statute, ordinance, regulation, common law, and equity.

 

Entire Agreement

These TOU constitute the entire agreement between you and this Website (or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of this Website), and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and this Website with respect to this Website, Services, Forms and Documents.

Invalidity

If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

http://helpfindmycontractor.com