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Terms & Conditions: Home Improvement Customers
1. INTRODUCTION TO UNITED HOME IMPROVEMENT. Upon your registration,
you may choose your own password or United Home Improvement will
assign you a password to access the United Home Improvement services
through the United Home Improvement Web site.
2. UNITED HOME IMPROVEMENT SERVICES. At United Home Improvement we
are committed to making your total United Home Improvement
experience a positive one. Upon entering your information and the
request for which you would like a service professional, we will
provide you with a list of service professionals in your area, if
any, who may be interested in fulfilling your service need.
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 either are capable or willing to
complete your service needs. Although we take certain steps to
examine the credentials of our listed service professionals, we make
no 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. United Home Improvement 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 United Home Improvement, nor is United Home Improvement an
agent of the service professionals. United Home Improvement 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 UNITED HOME IMPROVEMENT
(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 UNITED
HOME IMPROVEMENT 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.
3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. While we cannot
guarantee the work performed by a listed service professional, and
while we have no obligation to you with regard to your relationship
with a service professional, the United Home Improvement resolution
process has been developed to try and assist you in resolving any
workmanship problems that may arise in the course of a home
improvement repair or maintenance project and which may be the fault
of a service professional who you learned about through the United
Home Improvement services. Under the circumstances more fully
described herein and upon completion of all required procedures,
although we have no such obligation, we may, upon your request,
provide limited assistance in resolving disputes between you and a
service professional. You must participate and use good faith
efforts to resolve problems through the United Home Improvement
resolution process. If, in its sole discretion, United Home
Improvement determines that you have not participated and cooperated
in good faith in the resolution process, United Home Improvement may
terminate such Resolution Process and the Limited Service Guarantee
(details). Such limited assistance in no way nullifies the release
and indemnification described in these Terms & Conditions.
4. INFORMATION YOU PROVIDE TO US. Upon using the United Home
Improvement services, you will be prompted to disclose certain
information about yourself and your service requirements, and you
will be able to store information, such as home services records, on
our Web site. Some of this information will be sent to service
professionals who will need this information to respond to you or to
other persons or entities in connection with our business. By
providing this information to us, or by submitting a service
request, you are requesting, and you expressly consent to being
contacted by us and by our service professionals and providers 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 set forth on our site, to service
your account, to reasonably address matters pertaining to your
account or for other purposes reasonably related to your service
request and our business. For complete details on our use of your
information, please see our privacy statement. You agree that by
completing a service request, you are entering into a business
relationship with United Home Improvement and its partners and thus
agree to be contacted by United Home Improvement and/or its
partners. You promise that all information you provide will be
accurate, current and truthful to the best of your knowledge. If you
provide any information that is untrue, not current or incomplete,
or United Home Improvement has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
United Home Improvement has the right to refuse any current or
future use of the United Home Improvement services (or any portion
thereof) by you. You are responsible for any use of the United Home
Improvement services by persons to whom you intentionally or
negligently allow access to your password.
5. YOUR USE OF THE UNITED HOME IMPROVEMENT SERVICES. You acknowledge
and agree that your use of the United Home Improvement 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 United Home Improvement Web site, including but not limited
to Service Professional profiles, screening information, and Ratings
& Reviews (including any ratings and reviews provided by you), is
the sole and exclusive property of United Home Improvement, 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 United Home Improvement for any such damages, and will
indemnify United Home Improvement in the event of any third party
claims against United Home Improvement based on or arising from your
violation of the foregoing. We reserve the right to revoke your
access to the United Home Improvement 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
United Home Improvement in its sole discretion that you are misusing
or attempting to misuse or circumvent the United Home Improvement
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, United Home Improvement 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.
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 RESULT IN SIGNIFICANT COSTS AND DAMAGES
INCLUDING INVASION OF PRIVACY RIGHTS, TO UNITED HOME IMPROVEMENT AND
ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE
LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH
FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN
REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT
FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO
SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE
NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER
YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO UNITED HOME
IMPROVEMENT AND EACH UNITED HOME IMPROVEMENT SERVICE PROVIDER WHO
ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM
AMOUNT OF $11,000 TO EACH OF UNITED HOME IMPROVEMENT AND EACH OF THE
AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S)
AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION
YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR
PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS
FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE
ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY
REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH
INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS
REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH
EVER IS GREATER.
6. 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 United
Home Improvement 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 United Home Improvement. 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 United Home Improvement Web site or any
other United Home Improvement owned, operated, licensed or
controlled site. Elements of United Home Improvement 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 United Home Improvement web Site
may be copied or retransmitted unless expressly permitted by United
Home Improvement. UNITED HOME IMPROVEMENT 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. UNITED HOME IMPROVEMENT 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 UNITED HOME IMPROVEMENT WEB SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. UNITED HOME IMPROVEMENT 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.
7. LINKS TO THIRD PARTY SITES. The links in the United Home
Improvement Web site will let you leave United Home Improvement's
Web site. The linked sites are not under the control of United Home
Improvement and United Home Improvement 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. United
Home Improvement is not responsible for webcasting or any other form
of transmission received from any linked site. United Home
Improvement is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by United
Home Improvement of the site.
8. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.
United Home Improvement.com uses the following criteria as part of
its registration enrollment process ("registration") for new home
service professionals applying for membership in our network:
Licensing - United Home Improvement confirms at the time of a
service professionals registration, that prospective new service
professional members have all applicable required state-level or
provincial-level trade licensing.
Legal - For US service professionals, United Home Improvement
utilizes third party services that record legal information to check
for significant recorded state-level civil legal judgments entered
against a prospective new service professional member by business
customers within the three years prior to such service
professional's registration. United Home Improvement does not make
any representations or warranties as to the accuracy or completeness
of the information provided by the third party services.
Insurance/Bonding - Wherever possible, United Home Improvement
confirms insurance or bonding information presented by member
service professionals in their profiles at the time of registration.
NOTE: Member service professional information confirmed as described
above may change or expire over time; while United Home Improvement
attempts to maintain accurate and up-to-date information, and
confirms changes when notified, we cannot guarantee that profile and
screening information is accurate. Therefore, we recommend that
before working with a service professional you verify that
information presented is still current and/or acceptable to you.
*Given the unique nature of CA licensing, United Home Improvement
relies on representations of service professionals that are using CA
General building contracting license to cover home improvement
tasks, that such service professionals are performing more than one
task as defined and required by CA licensing rules.
The above procedures may change from time to time at the sole
discretion of United Home Improvement. United Home Improvement
believes that it uses commercially reasonable methods to check these
matters but does not make any representations or warranties that
members are appropriately licensed, free of bankruptcies or civil or
criminal legal judgments, or carry appropriate general liability
insurance or bonding at the time of registration, during the period
they are members, or thereafter. As circumstances can change daily,
United Home Improvement advises consumers to check these matters for
themselves especially at future dates. United Home Improvement does
not represent or warrant that the information received from state,
provincial or other government agencies or from third party sources
is accurate, error free, or that it is up to date or updated at the
time that United Home Improvement checks such information. Most
agencies have periodic update cycles or schedules and this
information is not updated on a real-time basis by such agencies and
third party sources.
DISCLAIMER: UNITED HOME IMPROVEMENT EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS,
CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE
PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT
THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT
OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION
PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY UNITED HOME IMPROVEMENT,
AND ITS SUBSIDIARIES, 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 UNITED HOME
IMPROVEMENT SERVICES OR IN CONNECTION WITH THE UNITED HOME
IMPROVEMENT WEB SITE OR YOUR VIOLATION OF THESE TERMS AND
CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD
PARTY.
10. GENERAL PROVISIONS. You acknowledge and agree that the United
Home Improvement services are provided to you on an "AS IS" basis
without any warranty whatsoever, and your sole and exclusive remedy,
and United Home Improvement's sole obligation to you or any third
party for any claim arising out of your use of the United Home
Improvement services or the United Home Improvement Web site, is
that you are free to discontinue your use of the United Home
Improvement services or the United Home Improvement Web site at any
time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, UNITED HOME IMPROVEMENT
EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND YOU AGREE THAT UNITED HOME IMPROVEMENT SHALL
HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES
(EVEN IF UNITED HOME IMPROVEMENT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES
WHICH FLOW FROM IT. 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. The Terms and Conditions will inure to the benefit of United
Home Improvement'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 United Home Improvement 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
United Home Improvement 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.
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