Except as necessary to review this Agreement, by accessing or using any website with an authorized link to this Agreement ("Website"), submitting a service request through or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively with the Website, the "Services"), clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity for the benefit of which you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services ("Supplemental Terms") which are incorporated by reference into this Agreement.
We reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Description of Services. Among other features, the Services provide tools through which home owners and other consumers can submit service requests for referrals to contractors in their local area that offer home improvement, repair, maintenance, or other services and/or products desired by the Consumer. We match Service Requests to Contractors directly, based on Contractor business types, the Consumer’s description of desired work or products and the geographic location of the Consumer and Contractors. We also provide service features for contractors and may provide other tools through the Services that Contractors can use to sign up to receive referrals through our Services. We do not provide any home improvement services (or other products or services specified in Service Requests) to Consumers and we do not assess the suitability, licensure, legality or ability of any Contractor. We are not responsible or liable for the acts or omissions of Contractors and does not verify their compliance with applicable laws, regulations, or licensing requirements.
No Guarantees or Endorsements. We make no representations about the suitability, reliability, timeliness, legality, or accuracy of any interactions between Contractors and Consumers, whether online or offline. We do not inspect, warrant, represent, or endorse any Contractors. When interacting with Contractors, or Consumers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
No Contracting through the Services. To contract with a Contractor, you must work directly with the applicable company. Your rights under contracts you enter into with Contractors are governed by the terms of such contracts and by applicable federal, state, and local laws. We are not a party to such agreements. We may inform you of certain offers or discounts provided by a Contractor through advertising on the Services. Such offers or discounts are made solely by the Contractor advertiser, as applicable, and we does not guarantee or warrant the pricing, discounts, or services that a Contractor may offer you.
No Guarantee of Lowest Prices. The lowest prices available in your area for the services or products you seek through a Service Request may not be available from the Contractors we refer through the Services. You should always solicit multiple estimates for a project and compare prices before choosing a Contractor.
Release from Damages or Claims Related to Contractor. If you have a dispute with a Contractor, including without limitation, disputes regarding the fees charged or quality of the work performed, you agree, to address such dispute with the applicable Contractor directly. YOU HEREBY AGREE TO RELEASE US, OUR CORPORATE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH FROM ANY LIABILITY, CLAIMS, ACTIONS, DAMAGES, LOSSES 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. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY CONTRACTOR, CONTRACT NETWORK OPERATOR, OR CONSUMER.
Indemnification for Knowing Entry of False Information. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS, IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD EXPOSE US AND THE CONTRACTORS THAT RESPOND TO YOUR SERVICE REQUEST TO SIGNFICANT COSTS AND EXPENSES, ATTORNEY’S FEES, FINES, PENALTIES, FORFEITURES AND STATUTORY DAMAGES. ACCORDINGLY, WITHOUT LIMITING, AND IN ADDITION TO, THE INDEMNIFICATION RIGHTS CREATED BY SECTION 7, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND CONTRACTOR WHO ACCEPTS YOUR SERVICE REQUEST FOR ALL THEIR RELATED LOSSES. YOU AGREE THAT THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services except as permitted herein; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form); (c) you shall not use any metatags or other "hidden text" using 20fix name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by us pursuant to this Agreement.
Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. We do not control and is not responsible for Third-Party Links. We provide these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
Indemnification for Misuse. You agree to indemnify and hold the all parties harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your misuse of the Services; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any Contractors or Consumers; or (d) your violation of any applicable laws, rules, or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of parties for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of this Agreement or your access to the Services.
Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE ARTICLES AND OTHER CONTENT AVAILABLE ON OUR WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SUCH CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT WE NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE AND SUCH CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. IF YOU RELY ON ANY SUCH CONTENT, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH CONTENT.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR FOR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR BUSINESS INTERRUPTION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MPM AND YOU.
Termination. At its sole discretion, We may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.