Agreement between User and www.homeexpert.com
Welcome to
www.homeexpert.com. The www.homeexpert.com website (the "Site") is
comprised of various web pages operated by Home Expert.
www.homeexpert.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.homeexpert.com
constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.homeexpert.com is a Consumer Matching Service Website Site.
To Match Consumers With Home Services Experts
Electronic Communications
Visiting www.homeexpert.com or
sending emails to Home Expert constitutes electronic
communications. You consent to receive electronic communications
and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible
for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your
account to any other person or entity. You acknowledge that Home
Expert is not responsible for third party access to your account
that results from theft or misappropriation of your account. Home
Expert and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole
discretion.
Children Under Thirteen
Home Expert does not knowingly
collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
www.homeexpert.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.homeexpert.com
may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Home Expert and Home Expert is
not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Home Expert is providing these
links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Home Expert of the site or any
association with its operators.
Certain services made available via www.homeexpert.com are
delivered by third party sites and organizations. By using any
product, service or functionality originating from the
www.homeexpert.com domain, you hereby acknowledge and consent that
Home Expert may share such information and data with any third
party with whom Home Expert has a contractual relationship to
provide the requested product, service or functionality on behalf
of www.homeexpert.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You
are granted a non-exclusive, non-transferable, revocable license to
access and use www.homeexpert.com strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant
to Home Expert that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair
the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and
any software used on the Site, is the property of Home Expert or
its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to
observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and
will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in
any way exploit any of the content, in whole or in part, found on
the Site. Home Expert content is not for resale. Your use of the
Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You
will use protected content solely for your personal use, and will
make no other use of the content without the express written
permission of Home Expert and the copyright owner. You agree that
you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the
intellectual property of Home Expert or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your
Home Expert account to third party accounts. By connecting your
Home Expert account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this
feature.
International Users
The Service is controlled, operated
and administered by Home Expert from our offices within the USA. If
you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you
will not use the Home Expert Content accessed through
www.homeexpert.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless Home Expert, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out
of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement
or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. Home Expert reserves
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 Home Expert in
asserting any available defenses.
Arbitration
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these
Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any
other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the
American Arbitration Association, or a similar arbitration service
selected by the parties, in a location mutually agreed upon by the
parties. The arbitrator's award shall be final, and judgment may be
entered upon it in any court having jurisdiction. In the event that
any legal or equitable action, proceeding or arbitration arises out
of or concerns these Terms and Conditions, the prevailing party
shall be entitled to recover its costs and reasonable attorney's
fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a
result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act
governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms
and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you
and Home Expert agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. HOME EXPERT AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOME EXPERT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOME EXPERT AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HOME EXPERT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
HOME EXPERT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Home Expert reserves the
right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Illinois and you
hereby consent to the exclusive jurisdiction and venue of courts in
Illinois in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including,
without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Home Expert as a result
of this agreement or use of the Site. Home Expert's performance of
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Home
Expert's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Home Expert with
respect to such use. If any part of this agreement 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 the agreement shall continue in
effect.
Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and Home Expert with respect to
the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Home Expert with respect to the Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
Home Expert reserves the right, in its
sole discretion, to change the Terms under which www.homeexpert.com
is offered. The most current version of the Terms will supersede
all previous versions. Home Expert encourages you to periodically
review the Terms to stay informed of our updates.
Contact Us
Home Expert welcomes your questions or
comments regarding the Terms: info@homeexpert.com
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